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SCHOOL LAWS OF IOWA. 



FE05I THE CODE OF 1873 



AS kimtn BY TIE Yimmm m sixteenth beneral assemblies. 



FORMS, NOTES, AND DECISIONS, 




THE USE AND GOVEENMENT OF SCHOOL OFFICEES. 



EDITIOTST OF 1876. 



ALONZO ABERNETHY. 

SXTPEEI>-TElfDEISrT OF PUBLIC INSTKtTCTION. 



DES MOINES: 

R. P. CLAEKSON, STATE PEINTEE. 
1876. 



IS74, 



PREFACE. 



The acts passed at the recent session of the General Assembly affecting the 
School Laws, are chapters 64, 109, 112, 121, 129, 136, and 155 of the Laws of the 
Sixteenth General Assembly. 

Chapter 64 amends section 1793, so as to permit children who reside a mile 
and a half or more from school in their own district, to attend any school in 
an adjoining district which may be nearer. 

Chapter 109 adds an unimportant proviso to section 1725. 

Chapter 112 amends sections 1745 and 1751 so as to relieve the secretary 
from reporting the condition of the school funds in his annual report to the 
county superintendent, and to impose this duty upon the treasurer. 

Chapter 121 amends section 1821 so as to authorize independent districts to 
issue bonds for the purpose of redeeming outstanding bonds. 

Chapter 129 provides for establishing, at Cedar Falls, a state normal school 
for the training of teachers, to be opened by September 10, 1876. 

Chapter 136 provides that no person shall be deemed ineligible by reason 
of sex, to any school office in the state. 

Chapter 155 repeals sections 1815, 1816, 1817, 1818, 1819, and 1820, which per- 
mitted the formation of independent districts from the sub-districts of a dis- 
trict township, and substitutes in lieu thereof a corresponding number of 
sections providing for the re-organization of the district township. 

With the exception of the changes above indicated, the laws remain as 
published in the edition of the School Laws of 1874. 

All changes made since the adoption of the Code are incorporated in their 
proper places, except chapters 64 and 67 of the fifteenth; and chapters 129 
and 136 of the sixteenth general assembly, which are inserted entire. 

The sections of this edition of the School Laws are identical with those of 
the corresponding numbers of the Code, except where changes have been 
made as indicated in the amended sections. 

ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

Des Moines, Iowa, July, 1876, 



SCHOOL LAWS OF IOWA. 



FROM THE CODE AS AMENDED BY THE FIFTEENTH AND 
SIXTEENTH GENERAL ASSEMBLIES. 

SCHOOL DISTRICTS. 

SBCTiOiSr lYlS. Each civil township now or hereafter School dis- 
organized, and each independent school district organized ^^^^^^' 
as such prior to the taking effect of this code, is hereby 
declared a school district for all the purposes of this chapter, 
subject to the provisions hereinafter made. 

Sec. 1714. When an organized district has been 1©^ ^^^.'^o ° ^^' 
without officers, the township trustees shall give such notice piled. 
for a special election of directors, as is required in cases of 
regular district elections ; and the persons elected shall 
continue in office until their successors are duly elected and 
qualified. 

Sec. 1715. When changes in civil township boundaries P-^V?.^*J^ ^^ 
are made, or any district shall be divided into two or more poriioninent 
entire townships for civil purposes, the existing board of fiabfrniei^'^'^ 
directors shall continue to act for both or all the new dis- 
tricts, or parts of districts, until the next regular district 
election thereafter, at which time the new district townships 

Section 1713. The design of the law is that civil and district 
township boundaries shall coincide. When new civil town- 
ships are formed, the corresponding changes in district township 
boundaries take effect at the sub-district election following the 
organization of the civil townships. Sees. 1715 and 1796. 

Sec 1714. In case the board is reduced below a quorum, by 
resignation or otherwise, the township trustees should call a 
special election to fill the vacancies. In independent districts five 
notices should be posted, as provided in sections 1742 and 1801; 
in district townships, three notices are required in each sab-dis- 
trict, as provided in section 1718. 

Sec. 1715. (a) New district townships are not organized until 
the first Monday in March after the election of officers of the 
civil townships. 

(b) When sub-districts are divided by changes in civil town- 
ship boundaries, the old board should incorporate the several 



SCHOOL LAWS OF IOWA. 

shall organize by the election of directors. The respective 
boards of directors shall, immediately after such organiza- 
tion, make an equitable division of the then existing assets 
and liabilities between the old and new districts ; and in 

parts with other sub-districts, or otherwise provide for such terri- 
tory, so that all electors may vote at the following sub-district 
election; in the absence of such action, the territory properly 
belongs to the sub-district which it adjoins, and the electors are 
entitled to vote therein. The boundaries of sub-districts lying 
wholly within the old or new districts, are not affected by the 
division of civil townships. 

(c) Five days before the time for the regular sub-district elec- 
tion (first Monday in March) written notices should be posted in 
three public places in each sub-district, in both the old and new 
townships, by the resident sub-director ; in sub -districts where 
there is no sub-director, by the secretary. 

(d) Assets include school-houses, sites, and all other pi^operty 
and moneys belonging to the district. Liabilities include all 
debts for which the district in its corporate capacity is liable. In 
determining the assets, school property should be estimated at its 
present cash value. Each fund should be divided separately be- 
tween the districts, in proportion to the assessed value of the 
property, real and personal. Any portion of the teachers' fund, 
however, derived from the semi-annual apportionment, should 
be divided in proportion to the number of persons between the 
ages of five and twenty-one years, according to the last school 
enumeration. 

(e) (School-houses will usually become the property of the dis- 
trict in which they are situated, if their value exceeds the amount 
justly due the district, and there is not sufficient school-house 
fund on hand to equalize the division, the board should deter- 
mine the amount which each district should receive or pay. 
Any equitable arrangement which will be mutually satisfactory 
to the parties in interest, will be in accordance with the intent 
of the law. Any agreement that is entered into should be re- 
duced to writing, and entered in the records of each of the dis- 
tricts interested. 

(/) " The districts, after the division, which do not receive 
their just proportion of school-house property, have a claim 
against those that do obtain more than their due share. The last 
named are indebted to the first in the difference." District Town- 
ship of Williams v. District Township of Jackson, 36 Iowa, 216. 

If money is received by one which belongs to another, the 
rule is a general one, that the law implies a promise on the part 
of the receiver to pay it over. Based upon this implied promise 



SCHOOL LAWS OF IOWA. 7 

case of a failure to agree, the matter may be decided by 
arbitrators, chosen by the parties in interest. A similar 
division shall be made in case of the formation or changes 
of boundaries of independent districts. 

Sec. 1Y16. Every school district which is now, or may Bodycorpo- 
hereafter be organized, is hereby made a body corporate by 
the name of the " district township," or " independent dis- 
trict," (as the case may be,) of , in the county 

of , and in that name may hold property, be- 
come a party to suits and contracts, and do other corporate 
acts. 

DISTRICT TOWNSHIP MEETING. 

Sec. 1717. Each district township shall hold an annual Ancuai meet- 
meeting on the second Monday in March, and the electors 
of the district, when legally assembled at such meeting, 
shall have the following powers : 

1. To appoint a chairman and secretary in the absence ^°^^^^- 
of the regular officers; 

2. To direct the sale or other disposition to be made of 
any school-house, or the site thereof, and of such other 
property, personal and real, as may belong to the district; 

an action may be maintained for its recovery. And this rule ap- 
plies to corporations as to individuals. District Township of Nor- 
way V. District Township of Clear Lake, 11 Iowa, 606. In this case, 
the district township of Clear Lake having been divided so as to 
form two district townships, the following spring it received all 
the funds apportioned by the clerk of the board of supervisors, 
and Norway brought suit and recovered a just portion of the 
same. 

(g) A simple and just method of disposing of unpaid and de- 
linquent taxes, also of all the funds in the hands of the county 
treasurer, and not available, (see sec. 1786) is to direct the pay- 
ment of such funds to the districts from the territory of which 
they were derived. 

Sec 1716. In suits, contracts, and conveyances, the corporate 
name should be strictly observed. A sub-district is not a cor- 
poration, and hence can neither hold property nor perform any 
corporate act. 

Sec 1717. (a) District townships are authorized to hold only 
one meeting in each year. The meeting cannot be adjourned to 
another day. There is no provision for special meetings. Ten 
days' previous notice of this meeting should be given by the dis- 
trict township secretary ; sec. 1742; but as the law fixes the day 
of the meeting of the electors of the district township, and also 
of the sub-district, a failure to give full notice, or any notice 
at all, though a violation of law, will not invalidate the proceed- 



8 SCHOOL LAWS OF IOWA. 

to direct the manner in which the proceeds arising there- 
from shall be applied; to determine what additional 
branches shall be taught in the schools of the district; or 
to delegate any of these powers to the board of directors; 
\ 3. To vote such tax, not exceeding ten mills on the dol- 
I lar in any one year, on the taxable property of the district 
! township, as the meeting shall deem sufficient for the 
purchase of grounds and the construction of the nec- 
essary school-houses for the use of the district, and for the 
payment of any debts contracted for the erection of school- 
houses, and for procuring district libraries. 

SUB-DISTEICT MEETING. 

Sec. 1718. The several sub-districts shall, annually, on 

Annual meet- the first Monday in March, hold a meeting for the election 

^°^' of a sub-director, five days' notice of which meeting shall 

be given by the then resident sub-director, or, if there is none, 

ings of the meeting, if one be held at the usual time and place. 
Dishon V. Smith, 10 Iowa, 212. 

(b) The president and secretary of the board are the regular 
officers of this meeting, and should act as such if present. Sees. 
1739 and 1741. 

(c) School-houses cannot legally be sold without a previous 
vote of the electors, but their action in voting a tax for the erec- 
tion of a new school-house on the old site gives the board author- 
ity to remove or dispose of the old house. 

(d) All school-house taxes must be voted by the electors of 
the sub-district, or district township; this power cannot be dele- 
gated to the board. The specific sum of money deemed neces- 
sary, and not a certain number of mills on the dollar, should be 
voted. The per centum necessary to raise this sum is determin- 
ed by the board of supervisors. Sees. 1777 and 1780. 

(e) The tax for procuring district libraries cannot be used to 
purchase text-books for the use of pupils. The district township 
meeting can legally exercise only such powers as are specifically 
enumerated in the law, or such as are necessary to secure the ex- 
ercise of those granted. 

Sec 1718. (a) " No district township, or sub-district meeting 
shall organize earlier than 9 a m., nor adjourn before 12 m." Sec. 
1789. The meeting should not be called later than 6 p. m. 

(&) No minor or non-resident can take part in a meeting of 
electors. To be entitled to the right of suffrage, a person must be 
a male citizen of the United States, twenty -one years of age, a 
resident of the state six months next preceding the election, and 
of the county sixty days. Constitution, art. 2, sec. 1. The elec- 
tion must be by ballot. Constitution, art. 2, sec. 6. 



SCHOOL LAWS OF IOWA. 9 

by the district secretary, posting a written notice in three Powers, 
public places therein, and such notice shall state the hour 
of meeting. 

Sec. 1*719. At the meeting of the sub-district, a chair- 
man and secretary shall be appointed, who shall act as 
judges of the election, and give a certificate of election to 
the sub-director elect. 

Sec. 1720. In all district townships comprising but one Number of 
sub-district, the board of directors shall consist of three how^chosea!^" \ 
sub-directors ; and in all district townships comprising but ' 

two sub-districts it shall consist of one sub-director chosen 
from each sub-district, and one from the district township l 

at large, who shall in both cases be elected in the manner 
provided by law for the election of one sub -director from 
each sub-district. The judges of the respective sub-district 
elections shall canvass the votes for sub-director chosen 
from the district township at large, and shall issue a certif- 
icate of election to the person elected. 

The person who receives, on a formal ballot, the greatest num- 
ber of votes, is elected, even though he has not received a ma- 
jority of all the votes cast. In a tie vote there is no election, and 
the old sub-director holds over. 

(c) The electors of a sub-district may, at their regular meet- 
ing in March, determine what amount is required foi? the erection 
of a school-house in said sub-district. A sum,, in the aggregate, 
should be voted, and the sub-director should certify the same to 
the next district township meeting held thereafter. Sec. 1778. 

Sec 1719. The chairman and secretary are not required to 
qualify. 

Sec. 1720. (a) The board of directors of a district township 
can never consist of less than three members. The sub-director 
from the district at large should be voted for at both sub-district 
meetings. To avoid confusion, the tickets should specify— /or; sub- 
diiredor, A. B.;/or sub-director at large, C. D. 

(b) Where there is but one sub-district in a district township," 
the sub-district meeting should be held at some central point, on ' 

the first Monday in March, for the election of three sub-directors; 
five days' notice of which should be given by the district secre- 
tary, as directed by section 1718 ;. and another meeting will be 
held on the second Monday in March, as provided by section 
1717 ; the powers and duties of the two meetings being entirely 
separate and distinct ; the first being a sub-district, the second a 
district township meeting. 



10 SCHOOL LAWS OF IOWA. 



BOARD OF DIRECTORS. 

Sec. 1721. (As amended by Chap. 27, Laws of 1874.) 
to constitute^ '^^® sub-directors of the several sub-districts shall consti- 
board of tute a board of directors for the district township, and shall 

\vh''nand ©liter upon their duties upon the day fixed for the regular 
how the board meeting of the board in March, at which time they shall 
ganized.*^^ Organize by electing from their own number a president, 
who shall simply be entitled to a vote as a member of thej 
board; and from the district township at large, at their reg- 
ular meeting on the third Monday of September in each) 
year, a secretary and a treasurer, unless there are at least 
Secretary and five sub directors in the district township, in which case 
when^efected they may be selected from the board; and said secretary 
" and treasurer thus elected shall qualify and enter upon the 
duties of their respective offices within ten days following 
the date of their election. If selected from ihe district 
township at large, they shall have no vote in the proceed- 
ings of the board. 

Sec. 1722. The board of directors shall hold their regu- 

Meetingsof. lar meetings on the third Monday in March and September 

of each year; and may hold such special meetings as occa- 

Sec. 1721. (a) The right or title to hold office cannot be 
determined by an appeal to the county superintendent. The 
proper remedy for any person aggrieved by the action of the 
board reladng thereto, is a petition to the circuit or district 
court, under the provisions of sections 3345-3352, Code. 

(6) All the members and officers of the board must reside in 
the district township. They cannot reside in an independent 
district and remain members of the board. If a sub-director 
removes from his sub-district, he thereby vacates the office. 

(c) Directors continue in office until the third Monday in 
March and until their successors are elected and qualitied. A 
president whose term as director has expired, can take no further 
part in the proceedings of the board, even though a new presi- 
dent has not yet been chosen. 

No person can hold two of the offices of the board at the same 
time. 

Sec. 1722. (a) Section 1738 provides that a majority of the 
board shall constitute a quorum. Any duty imposed upon the 
board as a body must be perform'ed at a regular or special meeting, 
and made a matter of record. The consent of the board to any 
particular measure, obtained of individual members when not in 
session, is not the act of the board, and is not binding upon the 
district township. 

(6) Special meetings should be convened by a written call. 



SCHOOL LAWS OF IOWA. n 

sion may require, at the call of the president, or by request 
of a majority of the board. 

Sec. 1*723. They shall make all contracts, purchases, Make con- 
payments, and sales, necessary to carry out any vote of the p\fr^cha^es. 
district; but before erecting any school-house they shall 
consult with the county superintendent as to the most ap- 
proved plan of such building. And all school-houses 
erected or repaired at a cost exceeding three hundred dol- 
lars, shall be so erected or repaired by contract, and no 
such contract for labor or materials shall be let until pro- 
posals for the same shall have been invited by advertise- Advertise for 
meut for four weeks in some newspaper published in the P»"oposais. 
county where the work is to be done, if there be one pub- 
lished therein, if not, in the nearest newspaper in an ad- 



signed either by the president or a majority of the members, and 
each member should be duly notified. 

Sec. 1723. (a) It is the duty of the board of directors to make 
contracts for the erection of school-houses, when the means have 
been provided by the electors. If the sub-director be appointed 
a committee for this purpose, it should be with certain limita- 
tions, and the contract should be reported to the board for ap- 
proval. Section 1753. No member has authority to make a con- 
tract in behalf of the district, except under specific instructions 
of the board. Before making a contract, great pains should be 
taken to obtain the best possible plan for the building. On this 
point the law requires consultation with the county superin- 
tendent. 

(6) Contracts for the erection or repair of school-houses, or 
for material for the same, exceeding $300, cannot be entered into 
until proposals have been published at least twenty-eight days. 
Repairs include seats, desks, etc. 

Contracts made in violation of the terms of this section are 
illegal; their fulfillment may be prevented by injunction. 

" If an agent make a valid contract without authority, he is 
himself bound thereby." Andrews & Co. v. Tedford, 37 Iowa, 314. 

(c) Any unappropriated school-house fund in the district 
treasury may be legally used for the erection or repair of school- 
houses at the discretion of the board, without action of the elec- 
tors. 

(d) The board cannot be required to commence the construc- 
tion of a house until means to a reasonable extent have been 
provided. Boards should not involve the district in an indebted- 
ness for the erection of school-houses, by contracts, or the issue 
of orders to exceed the amount voted by the electors. 

(e) District townships have no authority to issue bonds or 
other evidences of indebtedness for the purpose of borrowing 



12 SCHOOL LAWS OF IOWA. 

joining county; and such contract shall be let to the lowest 
responsible bidder, and bonds with suificient sureties for 
the faithful performance of the contract shall be required. 
Sbc. 1Y24. They shall fix the site for each school-house, 
Select sites for taking into consideration the geographical position and 
school-houses convenience of the people of each portion of the sub-dis- 
trict, and shall determine what number of schools shall be 



money. See opinion cf Attorney-General School Journal for April, 
1868, 210. 

(/) No district can legally become indebted in any manner, or 
for any purpose, to an amount, in the aggregate, exceeding five 
per cent, on the value of its taxable property. Constitution, Art. 
11, sec, 3. Winspear v. District Township of Holman, 37 Iowa, 542. 

(g) Public school-houses are exempt from sale on execution. 
Code, sec. 3048. 

(h) A board of directors of a school district may bind a cor- 
poration by contracts entered into after the election of their suc- 
cessors and before their qualification. Dubuque Female College v. 
District Township City of Dabaque, 13 Iowa, 555. While in- 
stances may occur in which the interests of the district will be 
subserved by making contracts with teachers and others, which 
will not expire for months after a cha:;ge of ofiicers, courtesy as 
well as justice dictates the impropriety of making contracts 
whose execution will embarrass successors in ofiice. Ordinarily 
the new board should make contracts for the year during which 
they serve. 

A board of directors may ratify or adopt such acts of ofiicers 
de facto as the law would permit officers dejure to perform. lb. 

(i) The force and effect of any motion adopted by the board 
of directors, does not terminate with a change of ofiicers or mem- 
bers, but remains in force until repealed. Thompson y. Linn, S5 
Iowa, 361. 

Sec 1724, {a) The power to locate sites for school-houses is 
vested, originally, exclusively in the board of directors. This 
authority should be exercised with great care, and without prej- 
udice ; and the wishes of the people, for whom the house is 
designed, should be consulted as far as practicable, taking into 
account the prospective as well as the present convenience of the 
people of the sub-district. 

A site near the center of the sub-district should be chosen, 
unless controlling circumstances indicate a different selection. 
If possible the site should be in the shelter of a grove, and ought 
to contain not less than one acre of ground. 

(6) The power of the board of directors to "fix the site for a 
school-house," carries with it the power to relocate that site. The 



SCHOOL LAWS OF IOWA. 



13 



taught in each sub-district, and for what additional time 
beyond the period required by law they shall be continued 
during each year. 

Sec. 1Y25. (As amended by Chap. 109, Laws of 1876.) Di^ide^dis-^_ 
They shall determine where pupils may attend school, and mine where 
for this purpose may divide their district into such sub-dis- attendschooi 
tricts as may by them be deemed necessary: Provided^ 
That no such sub-district shall be created for the accommo- 



exercise of this power is a proper and necessary adjunct of the 
power to make alterations in the boundaries of the sub-districts. 
Toe extension of settlements frequently changes the centers of 
population and necessitates a change of sub-district boundaries, 
and the removal of school-houses to central localities in the new 
sub-districts. Vance v. District Township of Wilton, 23 Iowa, 408. 

(c) Every new site must be selected on some public highway, 
at least forty rods from any residence, the owner whereof objects 
to its being placed nearer, and not in any orchard, garden, or 
public park, except in incorporated towns or cities. Sec. 1826. 
Sites located prior to April 26, 1870, when the provisions of this 
section took effect, are not affected by its provisions; the board 
may rebuild upon any such sites still in possession of the dis- 
trict. 

{d} A school-house site, located by the county superintendent 
upon appeal can not be legally changed by the board of directors, 
until the condition of the district is materially changed. But the 
fact that the superintendent has simply affirmed the action of the 
board in locating a site, do'fes not estop the board from relocating 
the site whenever the interests of the district may require. 

(e) As regards the length of time during which schools are to 
be taught in each sub-district, twenty-four weeks is the mini- 
mum ; sec. 1727 ; the maximum is unlimited, except as provided 
by sec. 1780. 

Sec 1725, (a) This section was amended to take effect March 
24, 1876, by the addition of the second proviso, commencing with 
the words, " Provided further." The amendment applies only to 
district townships having but one sub-district, which had school- 
house funds on hand Jan. 1, 1876, that could not be legally used 
in erecting school-houses for the want of the requisite fifteen 
pupils. It will have no general application. 

(b) All changes in sub-district boundaries must be made in 
conformity with the provisions of sections 1738 and 1796. 

(c) The board cannot legally form a sub-district containing 
less than fifteen persons of school age, nor build a school-house 
for the accommodation of a less number; nor can they maintain 
a school for less than five scholars ; except in sub-districts formed 



14 SCHOOL LAWS OF IOWA. 

dation of less than fifteen pupils, but the board of direc- 
tors shall have power to rent a room and employ a teacher 
for the accommodation of any five scholars; Provided 
further^ that nothing in this chapter contained shall be 
construed to prohibit the construction of as many school- 
houses, out of moneys derived from taxes levied previous 
to Jan. 1, 1876, in any sub-district, where the sub-district 
comprises the entire district township, as shall have been 
authorized and provided for at the annual meeting of the 
district township electors. 
f Sbc. 1'726. They may establish graded or union schools 

Graded or wherever they may be necessary, and may select a person 

schools. who shall have the general supervision of the schools in 

their district, subject to the rules and regulations of the 
board. 

Sec. 1Y27. In each sub-district there shall be taught one 

Schools: time or more schools for the instruction of the youth between ! 

ber of. ' "^°^" the ages of five and twenty-one years, for at least twenty- 
prior to SeiDtember 1, 1873, which are not affected by the pro- 
visions of this section. No change can legally be made by the 
board which leaves any sub-district with less than fifteen pupils. 
The words "pupils" and "scholars," as used in this section, 
mean persons between the ages of five and twenty -one years. 

[d) All the territory of a district township must be included 
in some sab-district. 

Sec. 1726. The law does not prescribe the branches that shall 
be taught in the public schools, further than to require all 
teachers to be qualified to teach certain branches enumerated in 
section 1766. Boards of directors are empowered by virtue of the 
authority to establish graded schools, and of the general super- 
visory and discretionary powers with which they are invested, to 
prescribe courses of study and branches to be taught in the 
schools of their district. A course of study should be prescribed 
by the board in every district, to which the electors may add 
additional branches. Section 1717. A graded school, open to the 
older and more advanced pupils from every sub-district, may be 
advantageously established at some central point in every dis- 
trict township. 

Sec. 1727. (a) The requirements of this section are imperative. 
A school shall be taught in each sub-district, but if the county 
superintendent is fully satisfied, after a careful investigation of 
> the facts, that it is impracticable, he may release the board of 
directors from their obligation to establish one. The board of 
directors may establish more than one school in a sub-district if 
necessary for the accommodation of the children, subject to the 
limitations contained in sections 1725 and 1780. 

(6) Under section 1724 the board of directors have power to 



SCHOOL LAWS OF IOWA. I5 

-four weeks, of five school days each, in each year, unless the 
county superintendent shall be satisfied that there is good and 
sufficient cause for failure so to do. Any person who was 
in the military service of the United States during his 
minority shall be admitted into the schools in the sub-dis- 
trict in which he may reside, on the same terms on which 
youths between the ages of five and twenty-one are admitted. 

Sec. 1728. The board of directors of any district town- change of 
ship or independent district, shall not order, or direct, or books, 
make any change in the school books or series of text- 
books, used in any school under their superintendence, 
direction, or control, more than once in every pei*iod of 
three years, except by a vote of the electors of the district 
township or independent district. 

Sec. 1729. They may use any unappropriated contingent Contingent, 
fund in the treasury to purchase records, dictionaries, maps, ^"'^'^' "'^<*<''- 
charts, and apparatus for the use of the schools of their dis- 
trict, but shall contract no debts for this purpose. 

Sec. 1730. They shall appoint a temporary president and 

provide for a longer period of school than twenty-four weeks; 
this increase of time must apply alike to all the sub-districts. 

(c) All the youth of the state from five to twenty-one years 
of age, irrespective of religion, race or nationality, are entitled 
to the same school facilities. While schools may be graded ac- 
cording to the proficiency of pupils, no discrimination based on 
color, such for instance as requiring colored pupils to attend sep- 
arate schools, can be enforced, tlark v. Indipendtrd District of 
MuLScatine, 24 Iowa, 266. 

{d) Persons over twenty-one years of age are not entitled to the 
benefits of the public school, except as provided in the latter pare 
of this section. If, however the school is not full, they may be 
admitted, in the discretion of the board, upon such equitable 
terms as the board may prescribe. Children under live years of 
age will be more injured by the confinement than benetitted by 
the instruction, 'lliey cannot legally claim the advantages of 
the school, and should not be admitted. 

Sec 1728. The change of any one text-book in the school does ^ 
not prevent the board from changing any or all other books at a / 
subsequent time. iS'either the sub-director or teacher has author- .^ 
ity to change text-books. 

Sec 1729. Purchases made under the provisions of this sec- 
tion, must be by order of the board when in session. 

The law does not authorize boards of directors to purchase 
text-bookd for the use of pupils, nor the electors to vote a tax for 
this purpose. 

Sec 1730. (a) A vacancy can be created only by death, re- 
moval, resignation, or failure to elect at the proper election, 



16 ' SCHOOL LAWS OF IOWA. 

Temporary secretary in case of the absence of the regular officers, and 
officers. shall fill any vacancy that may occur in the office of presi- 

dent, secretary or treasurer or in the board of directors. 
Sec. 1Y31. They shall require the secretary and treas- 
secretary and urer to give bonds to the district in such penalty and with 
ffwTbond!° such security as they may deem necessary to secure the 
district against loss, conditioned for the faithful perform- 
ance of their official duties. The bonds shall be filed with 
the president, and in case of a breach of the conditions 
thereof, he shall bring suit thereon in the name of the dis- 
trict township or independent district. 

there being no incumbent to continue in office. — Code, sec. 78L 
A failure to elect or to qualify does not create a vacancy; for the 
incumbent whether elected or appointed, continues in office 
"until his successor is elected and qualified." IS! either does a 
change in the boundaries of sub-districts create a vacancy; for 
the change does not take effect until the next sub-district elec- 
tion. If a sub-district be divided, so as to form a new one, the 
sub-director will continue to act, as though no change had been 
made, until the expiration of his official term. Sec. 1796 proviso, 
and note \b), also sec. 1721 and notes. 

(6) If a person without the requisite qualifications, is elected 
a member of the board and acts with the board, he being a mem- 
ber de facto, his acts will be valid; but when his disqualification 
becomes known, the board should declare the place vacant and 
elect his successor. 

(c). School directors may resign at any time. A verbal resig- 
nation may be tendered to the board when in session; or a writ- 
ten resignation may be handed to some member of the board to 
present at a subsequent meeting, for the board's acceptance. 
When a director habitually neglects the duties of his office, he 
may be compelled by mandamus to perform them. 

(d) In case the board is reduced below a quorum by resigna- 
tion, or otherwise, the township trustees should call a special 
election to fill the vacancies as provided by section 1714;. see also 
section 1738. 

(e) Boards of directors have no authority to remove any 
member or officer of the board. 

Sec 1731. The law requires all official bonds to be secured, 
by at least two sureties, who are freeholders, whose aggregate 
property is double the amount of the bond; the oath of office to 
be subscribed on the back of the bond,, or attached thereto,. and 
the sureties to make affidavit that they are worth the amount 
named in the bond. Code, sections 249, 250, 675, and 679. As 
the bonds of the secretary and treasurer must be approved by 
the board, no member should become surety for these officers. 



SCHOOL LA.WS OF IOWA. 17 

Sec. 1732. They shall^ from time to time, examine the Examine ac- 
aecounts of the treasurer and make settlement with him; treasurer. 
and shall present, at each regular meeting of the electors 
of the district township, a full statement of the receipts 
and expenditures of the district township, and such other 
information as may be deemed important. 

Si£C. 1733. They shall audit and allow all just claims Audit claims. 
against the district, and fix the compensation of the secretary 
and treasurer, and no order shall be drawn on the treasury 
until the claim for which it is drawn has been audited and 
allowed. 

Sec. 1734. They shall visit the schools in their district, Visit schools; 

"^ , .. . ma ^Q r u, i 6 s ' 

and aid the teachers in establishing and enforcing the rules discharge ' 
for the government of the schools, and see that they keej!) teachers, 
a correct list of the pupils, embracing the periods of time 
during which they have attended school, the branches 

Snc. 1732. This section contemplates that a fall report of the af- 
fairs of the district shall be made by the beard at each annual 
meeting of the electors. This work appropriately devolves upon 
the president, unless the board designate some other member. 
When practicable, the report should be published. 

Sec. 1733. (a) All demands, whether by contract or other- 
wise, must be approved by the board of directors when in ses- 
sion, before an order can legally be drawn on the district treas- 
ury for them ; and no officer can draw an order on the treasury, 
unless he is authorized to do so by a vote of the board, at a 
regular or special meeting. It is the duty of the board to ex- 
amine all contracts for the employment of teachers, and the con- 
struction of school-houses, or for any other purpose, and to see 
that the stipulations have been complied with, before they au> 
thorize the payment of money thereon. 

(6) School orders issued without a vote of the board of direct- 
ors, or otherwise illegally issued, although they may be signed 
by the president and countersigned by the seci etary, are not 
binding upon the district ; neither can they acquire validity by 
being transferred to third parties. If illegal when issued, they 
are illegal forever. 19 Iowa, 199 and 248. 

(c) The secretary and treasurer only can receive compensation 
for the discharge of duties required by law. Sec. 1738. 

Sec. 1734. (a) Boards of directors have entire control of the 
public schools of their district and the teachers employed there- 
in. The board may establish such rules and regulations for the 
government of teaehers and pupils, not inconsistent with law, as 
the interests of the schools require. The teacher is the agent of 
the board, and the rules made and enforced by the teacher with 
either the formal or tacit consent of the board, are in eflfect the 
3 



;l^g SCHOOL LAWS OF IOWA, 

taught, and such other matters as may be required by the 
county superintendent. In case a teacher employed in any 
of the schools of the district township is found to be in- 
competent, or is guilty of partiality or dereliction in the 
discharge of his duties, or for any other sufficient cause 
shown, the board of directors may, after a full and fair in- 
vestigation of the facts of the case, at a meeting convened 
for the purpose, at which the teacher shall be permitted to 
be present and make his defense, discharge him. 

Sec. 1735. The majority of the board in independent 
Pupils in in- districts shall have power, with the concurrence of the 
dfstrfcts^ciis- president of the board of directors, to dismiss or suspend 
^nded""^ *'^^" any pupils from the school in their district for gross im- 
morality or for a persistent violation of the regulations or 
rules of the school, and to re-admit them if they deem 
proper so to do. 

Sec. 1736. They shall at their regular meeting in March 
Certificate of of each year, require the secretary to file with the county 
offlcersmed. superintendent, county auditor, and county treasurer, each, 

rules of the board. It is the duty of the teacher, under the di- 
rection of the board, to determine what branches shall be pur- 
sued by each pupil. 

(ft) It is competent for boards of directors to provide by rules 
that pupils may be suspended from the schools in case they shall 
be absent or tardy, a certain number of times within a fixed 
period, except for sickness, or other unavoidable cause. 

If the effects of acts done out of school-houses reach within 
the school room during school hours, and are detrimental to good 
order and the best interests of the pupils, it is evident that such 
acts may be forbidden. Burdick & Chandler v. Babcock, et al., 31 
Iowa, 562. 

(c) Boards of directors can legally dismiss teachers only for 
good cause shown. In case the board pass an order to dismiss, 
the material reason therefor should be spread upon the record ; 
for, while in case of contest, these reasons would not be conclusive 
against the teacher, the board would be estopped from presenting 
other reasons than those named in the record. Neville v. School 
directors, 36 III., 71. When a teacher is unjustly dismissed, an ap- 
' peal may be taken from the action of the board in dismissing 

him; but a suit at law must be brought, if he seeks to recover his 
pay upon the contract. The teacher can be paid only to the date 
of legal dismissal. 

Sec. 1736. It is very important that the secretary should file 
the certificate with the county officers named, immediately after 
the regular meetings of the board in March and September, oth- 
erwise the moneys belonging to the district may be paid to per- 
sons not authorized to receive them. 



SCHOOL LAWS OF IOWA. I9 

a certificate of the election, qualification, and postofiice ad- 
dress of the president, treasurer and secretary of the dis- 
trict township, and to advise them from time to time of any 
changes made in said oflices by appointment. 

Sec. 1737. They shall make such rules and regulations i^^iies for gov- 
as may be necessary for the direction and restriction of sub- sub-directors, 
directors in the discharge of their ofiicial duties, and not 
inconsistent with law. 

Sec. 1738. A majority of the board of directors shall be Quorum. 
a quorum to transact business, but a less number may 
adjourn from time to time, and no tax shall be levied by the 
board after the third Monday in May ; nor shall the 
boundaries of sub-districts be changed except by a vote of 
the majority of the board, nor shall the members of the 
board, except its secretary and treasurer, receive pay out of 
any school funds for services rendered under this chapter. 

PRESIDENT. 

Sec. 1739. The president shall preside at all meetings President to 
of the board of directors and of the district township ; shall draftsfsign^^ 
draw all drafts on the county treasury for money apportioned orders. 
to his district; sign all orders on the treasury, specifying in 

Whenever a change is made, the county officers should be noti- 
fied. Note (&) sec. 1745. 

Sbc. 1737. These rules should be carefully prepared and adopt- 
ed by the board, and recorded ; and each sub-director should be 
furnished with a copy. 

Sec. 1838. (a) Any compensation paid to any other member 
of the board than the secretary and treasurer, for the perform- 
ance of official duties, is in direct opposition to the law, and an 
open violation of the oath of office. 

(6) As to the proper course to pursue when the board is re- 
duced below a quorum, see note (d) sec. 1730. 

Sec 1739. (a) The president has the right to vote on all 
questions coming before the board. If, by such vote a tie is 
produced, the motion is lost. Sees. 1721 and 1802, note (6). 

{b) The president can draw no order on the district treasury 
except by authority of the board of directors. Sec. 1733 and 
notes, also sec. 1741, note (c). 

(c) The president should not act as secretary or treasurer of 
the board. In the absence of the president, or when he refuses to 
discharge the proper duties of his office, a temporary president 
may be appointed, who, during the time he is acting as president, 
may sign orders and contracts, and do all other acts proper to be 
done by the president. 

{d) The failure of an officer to attach his official title to his sig- 



20 



SCHOOL LAWS OF IOWA. 



Represent 
district. 



the order the fund on which it is drawn, and the use for 
which the money is appropriated, and shall sign all contracts 
made by the board. 

Sec. 1Y40. He shall appear in behalf of his district in 
all suits brought by or against the same, but when he is 
individually a party, this duty shall be performed by the 
secretary; and in all cases where suits may be instituted by 
or against any of the school officers to enforce any of the 
provisions herein contained, counsel may be employed by 
the board of directors. 



SKCEETAET. 



Record pro- 
ceedings, 
countersign 
draits and 
orders. 



Sec. 1Y41. The secretary shall record all the proceedings 
ol" the board and district meetings in separate books kept 
for that purpose; shall preserve copies of all reports made 
to the county superintendent; shall file all papers trans- 
mitted to him pertaining to the business of the district; shall 
countersign all drafts and orders drawn by the president, 
and shall keep a register of all orders drawn on the treasury, 



nature, will not aflFect the instrument so far as the district is con- 
cerned ; provided, the contract was authorized, and made for the 
district, and this fact can be shown. 

Sec. 1740. "Appeals to the county superintendent or superin- 
tendent of public instruction, are not suits brought by or against 
the district township, and they are not suits brought by or 
against any of the school officers, •vrithin the meaning of the law, 
and no charge can be made against the district township for at- 
torney's fees." Templin & Son v. District Township of Fremont, 36 
Iowa, 411. 

Sec, 1741. (a) It is essential that the record of the proceed- 
ings of the board and district meetings should be properly kept. 
Every transaction should be carefully noted, and the proceedings 
should be read and approved. The registry of orders is also an 
important matter. Every order drawn should be promptly re- 
ported to the district treasurer, as he has no other means of de- 
termining the amount of outstanding orders, otherwise he can- 
not comply with the law requiring him to make partial payments. 
Sec. 1748, and Form No. 16. 

(6) The failure of the secretary to record all the proceedings 
of the board and of district meetings in separate books, kept for 
that purpose, will not render the proceedings void. Higgins v. 
Reed, et al., 8 Iowa, 298. 

(c) The secretary, president, and treasurer must conform to 
the instructions of the board so far as those instructions are in 
accordance with law; but they should not obey the board when 
directed to do an illegal act. 



SCHOOL LAWS OF IOWA. 2 1 

showing the number of the order, date, name of the person 
in whose favor drawn, the fund on which it is drawn, for 
what purpose and the amount; and shall, from time to time, 
furnish the treasurer with a transcript of the same. 

Sec. 1742. He shall arive ten days' previous notice of the Give notice of 

-,.; ,. .", . •' '^ . • • n meeiings. 

district township meeting by posting a written notice in live 
conspicuous places therein, one of which shall be at or near 
the last place of meeting, and shall furnish a copy of the 
same to the teacher of each school in session, to be read in 
the presence of the pupils thereof, and such notice shall, in 
all cases, state the hour of meeting. 

Sec. 1Y43. He shall keep an accurate account of all the Keepac- 
expenses incurred by the district, and shall present the °"'^'^''^- 
same to the board of directors, to be audited and paid as 
herein provided. 

Sec. 1Y44. He shall notify the county superintendent Notify county 
when each school of the district begins, and its length of den1,!^° ^° 
term. 

Sec. 1745. (As amended by Chap. 112, Laws of 1876.) f^^^^J^^^^^^^ 
Between the fifteenth and twentieth days of September in 
each year, the secretary of each school district shall file 

If the board appropriate money to pay its members, other 
than the secretary and treasurer, sections 1733 and 1738, or for 
any other illegal purpose, the president and secretary should re- 
fuse to sign the order, if drawn, the treasurer should refuse to pay 
it. 

The secretary should not act as president or treasurer. 

Sec 1742. See sections 1718 and 1789, and notes. 

Sec. 1743. The secretary is also required to keep an account 
current with the district treasurer. Sec. 1782. 

Sec. 1745. (a) This section was amended, to take effect July 4, 
1876, by omitting the clauses which required the district secre- 
tary to include in his annual report to the county superintendent 
a report of receipts and expenditures of the several funds. This 
portion of the report will hereafter be made by the district 
treasurer. 

[b) The blanks for the annual report of the secretary are fur- 
nished by the state, through county superintendents. The sec- 
retary should record the report, required by this section, in the 
district records. If a copy of the report is simply filed in his of- 
fice, it is liable to be destroyed or mislaid, which may prove det- 
rimental to the interests of the district. 

(c) In districts formed of parts of two or more counties, the 
secretary should make the annual report to the superintendent 
of the county in which a majority of the children reside. This 
report should not embrace those children who reside in portions 
of the district lying in other counties. The remaining number 



22 



SCHOOL LAWS OF IOWA. 



Penalty for 
failure. 



with the county superintendent a report of the affairs of the 
district, which shall contain the following items: 

1. The number of persons, male and female, each, in his 
district, between the ages of five and twenty-one years; 

2. The number of schools, and the branches taught; 

3. The number of pupils, and the average attendance of 
the same in each school; 

4. The number of teachers employed, and the average 
compensation paid per week, distinguishing males from 
females; 

5. The length of school in days and the average cost of 
tuition per week for each pupil; 

6. The text-books used, and the number of volumes in 
the district library, and the value of apparatus belonging to 
the district; 

1. The number of school-houses, and their estimated 
value; 

8. The name, age, and post office address of each deaf 
and dumb, and each blind person within his district between 
the ages of five and twenty-one, including all who are deaf 
and dumb to such an extent as to be unable to obtain an 
education in the common schools. 

Sec. 1746. Should the secretary fail to tile his report as 
above directed, he shall forfeit the sum of twenty-five dollars 
and shall make good all losses resulting from such failure, 
and suit shall be brought in both cases by the district on his 
official bond. 



TRBASUEHR. 



Pay orders. 



Sec. 1747. The treasurer shall hold all moneys belong- 
ing to the district, and pay out the same on the order of the 



of children should be reported by the secretary to the superin- 
tendents of their respective counties. 

{d) In independent districts, it is the duty of the secretary* of 
the board to take the annual school enumeration required by the 
first clause of this section. 

Sec 1746. In case the sub-directors fail to make their annual 
reports, as required by section 1755, the secretary should collect 
the statistics necessary for a complete report. The board of di- 
rectors should pay the secretary a suitable compensation for his 
labor. Sec. 1733. 

Sec 1747. (a) The language of this section is very explicit. 
It makes the treasurer the custodian of all moneys belonging to 
the district, which eflTectually precludes the idea of dividing the 
money belonging to any particular fund among the sub-districts. 
He can only pay it out on the order of the president, countersigned 
by the secretary, and the president can draw no order unless he 



SCHOOL LAWS OF IOWA. 23 

president, countersigned by the secretary, and shall keep a 
correct account of all expenses and receipts in a book pro- 
vided for that purpose. 

Sec. 1748. The money collected by district tax for the Different 
erection of school- houses and for the payment of debts pI'^vmenTs^'on 
contracted for the same, shall be called the " school-house <^rders. 
ftjnd;" that designed for rent, fuel, repairs, and all other 
contingent expenses necessary for keeping the schools in 
operation, the " contingent fund;" and that received for the 
payment of teachers, the "teachers' fund;" and the district 
treasurer shall keep with each fund a separate account, and 
shall pay no order which does not specify the fund on which 
it is drawn, and the specific use to which it is applied. If 
he have not sufficient funds in his hands to pay in full the 

is authorized to do so by the board of directors. Sec. 1733, and 
notes on same; also sec. 1V41, note (c). 

{b) It is unlawful to loan moneys belonging to the district. 
"If any state, county, township, school, or municipal officer, or 
oflBcer of any state institution, or other public oflScer within the 
state, charged with the collection, safe keeping, transfer, or dis- 
bursement of public money, fails or refuses to keep in any place 
of deposit that may be provided by law for keeping such money, 
until the same is withdrawn therefrom upon warrants issued by 
the proper officer, or deposits such money in any other place than 
in such safe, or unlawfully converts to his own use in any way 
whatever, or use by way of investment in any kind of property, 
or loan without the authority of law any portion of the public 
money entrusted to him for collection, safe keeping, transfer, or 
disbursement, or converts to his own use any money that may 
come into his hands by virtue of his office, shall be guilty of 
embezzlement to the amount of so much of said money as is thus 
taken, converted, invested, used, loaned, or unaccounted for, and 
upon conviction thereof, he shall be imprisoned in the peniten- 
tiary not exceeding five years, and fined in a sura equal to the 
amount of money embezzled, and, moreover, is forever after dis- 
qualified from holding any office under the laws or constitution 
of this state." Code, sec. 3908. 

Skc. 1748. (a) Minor improvements, such as the erection of 
ordinary outhouses, fences, etc., may be paid from either the 
"contingent fund" or "school-house fund." Ordinary repairs 
should be charged to the "contingent fund;" but when such re- 
pairs aosume the magnitude of a rebuilding, or of an extensive 
addition, they should be charged to the "school-house fund." 

(6) The original cost of seating school-houses should be paid 
from the school-house fund. The law does not authorize the use 
of the contingent fund for the erection or compleiion of a school- 



24 SCHOOL LAWS OF IOWA. 

warrants drawn on the funds specified, he shall make a par- 
tial payment thereon, paying as near as may be an equal 
proportion of each warrant. 

Sec. 1749. He shall receive all moneys apportioned to 
Receive the district township by the county auditor, and also all 

J^'^'^^J ^PP/^i"' money collected by the county treasurer on the district 

tioned to CIS- J ■ -, n t ■ t • 

trict. school tax levied tor his district. 

Sec. 1150. He shall register all orders on the district 

Rpgister treasury reported to him by the secretary, showing the 

orders. number of the order, date, name of the person in whose 

fa^or drawn, the fund on which it was drawn, for what 

purpose, and the amount. 

Sec. lYol. (As amended by Chap. il2. Laws of ISYG,) 
Treasurer to He shall render a statement of the finances of the district 
conteuts^of.'' ' from time to time, a's may be required by the board of di- 
rectors, and his books shall always be open for inspection. 
He shall make to the board, on the third Monday in Sep- 
tember, a full and complete annual repiDrt embracing: 

house, but when a house needs reseating or other repairs, the cost 
may be defrayed either from the contingent fund, or from any 
unappropriated school-house fund in the treasury. 

(c) Boards of directors have no authority to transfer moneys 
from one fund to another, even temporarily. 

{d) The teachers' fund should not be divided among the sub- 
districts, neither equally nor according to the number of children, 
nor upon any other basis. This fund can be legally paid out only 
to teachers for services performed, upon orders authorized by the 
board of directors. The board should limit the compensation to 
he paid teachers, according to the circumstances and wants of 
each sub-district. 

Sbc. 1749. Sec. 1784. 

Sec. 1750. The register provided for in this section is indis- 
pensable to the treasurer, under the law requiring him to make 
partial payments on orders, when he has not funds sufficient to 
pay them in full; sec. 1748. It is essential that he should know 
the exact amount of outstanding orders, and for this reason the 
secretary is required to report to him all orders drawn on the 
district treasury. Sec. 1741, and note (a) and Form No. 16. 

Sec 1751. (a) This section was amended to take effect July 4, 
1876, by requiring the district treasurer at the expiration of his 
term of office, to make a report of the receipts and expenditures 
of the several funds ofthe district during his term of office, to the 
board of directors, and a copy of the same to the county superin- 
tendent. 

The blanks for the annual report of the treasurer are furnished 
by the state, through county superintendents. 



SCHOOL LAWS OF IOWA. 



25 



1. The amount of teachers' fund held over, received, 
paid out, and on hand. 

2. The amount of contingent fund held over, received, 
paid out, and on hand. 

3. The amount of school-house fund held over, received, 
paid out, and on hand. 

He shall immediately file a copy of said report, with the 
county superintendent, and for failure to file said report, he 
shall forfeit the sum of twenty-five dollars, to be recovered 
by suit brought by the district, on his ofiicial bond. 

Sec. 1752. Each sub-director shall, on or before the 

(6) The report should embrace the following items : 



Dr. 



SCHOOL-HOUSE FUND. 



Ce. 



On hand ftt last report.... 
Ree'd irom district tax... 
Rec'd fromotlier sources. 



Total. 



Paid for school-houses 
nnd sites 

Paid for district library.... 

Paid on bonds and inter- 
est 

On hand to balance 



Total., 



De. 



CONTINGENT FUND. 



Ck. 



On hand at last report 

Kec"d from district tax... 
Rec'd from other sources. 



Total., 



I I 



Paid for rent of SGhool-| 
houses 

Paid for repairing- school- 
houses.. 

Paid for fuel 

Paid secretary 

Paid treaxurer 

Paid for records, diction- 
aries, maps, and appara- 
tus, 

Paid lor other purposes.... 

On hand to balance..... 



Total. 



Dr. 



TEACHERS' FUND. 



Cr. 



On hand at last report,.... 
Rec'd from district tax... 
Rec'd fro.ii semi-annual 

apportionment 

Rec'd from other sources. 



Total. 



Paid teachers since 

re-port 
On hand to balance... 



last 



Total., 



(c) The treasurer is responsible for all moneys coming into 
his hands by virtue of his oflBce, even if stolen or destroyed by 
fire. The board have no authority to release him, unless he ac- 
counts in full for all moneys received by virtue of his ofBce. 
Dis'rici Township of Taylor v. Morton, 37 Iowa, 550 ; District TovmsMp 
of Union v. Smith, 39 Iowa, 9. 

Sec 1752. In case a sub-director fails to qualify, the vacancy 

thus created is filled by his predecessor, who holds over another 
4 



2Q SCHOOL LAWS OF IOWA. 

third Monday in March following his election, appear be- 
Oath. fQYQ some officer qualified to administer oaths, and take an 

oath to support the constitution of the United States and 
that of the state of Iowa, and that he will faithfully dis- 
charge the duties of his office, and, in case of failure to 
qualify, his office shall be deemed vacant. 

Sec. 1753. The sub director, under such rules and re- 
Empioy strictions as the board of directors may prescribe, shall 

maii'eTepairs- negotiate and make in his sub district all necessary contracts 
control school for providing fuel for schools, employing teachers, repairing 
house. and furnishing school-houses, and for making all other pro- 

visions necessary for the convenience and prosperity of the 
schools within his sub-district, and he shall have the con- 
trol and management of the school-house unless otherwise 



year. A person thus holding over, should renew his oath o 
office, as soon as it is ascertained that he holds over , he may be 
required to qualif}' within a time to be prescribed by the board. 
Sec. 690, Code. 

Any school director or director elect, is authorized to adminis- 
ter to any school director elect the official oath required by law. 
Sec. 1790. 

Sec. )753 (a) The sub-director is clothed with certain gen- 
eral powers by this section, but these are to be exercised under 
the direction of the board. The board may restrict him, for ex- 
ample, as to when he shall employ teachers, for how long a time, 
at what compensation, and even whom he shall eroploy ; the ex- 
tent of repairs, and prices paid for same ; and the amount and 
cost of fuel. Thompson v. Linn, 35 Iowa, 361. 

(6) " When a teacher or other person is about to enter into a 
contract with a sub-director, he knows that he is dealing with a 
public agent whose powers are subject to regulation and restric- 
tion by the board ; he is bound to know what these rules and 
restrictions are, and should be governed accordingly." lb. 

(c) The board should regulate the compensation of teachers in 
the several sub-districts, authorizing the payment of such wages 
in each as will enable the sub-directors to secure teachers quali- 
fied to teach and govern their respective schools. 

(d) Each sub-director has exclusive control of the school- 
house in Jiis sub-district, unless the district township meeting 
has otherwise ordered. 

It is proper to permit the use of school-houses for the purpose 
of public worship on Sunday, or for religious services, public 
lectures on moral or scientific subjects, or meetings on questions 
of public interest, on the evenings of the week, or at any time 
when such use will not interfere with the regular progress of the 
school. Tovmsend v. Hagan, et al., 35 Iowa, 194. 



• SCHOOL LA.WS OF IOWA. 27 

ordered by a vote of the district township meeting. All 
contracts made in conformity with the provisions of this 
section shall be approved by the president and reported to 
the board of directors, and said board, in their corporate 
capacity, shall be responsible for the performance of the 
same on the part of the district township. 

Sbc. 1754. He shall, between the first and tenth days of ^e^^dlof Vam- 
Septembtr of each year, prepare a list of the names of the iiies and chii- 
heads of families in his sub-district, together with the num- 
ber of children between the ages of five and twenty-one 
years, distinguishing males from females, and shall record 
the same in a book kept for that purpose. 

Skc. 1755. He shall, between the tenth and fifteenth ^®p^[*j!^ 
days of September of each year, report to the secretary of 
the district township the number of persons in his sub-dis- 
trict between the ages of five and twenty-one years, dis- 
tinguishing males from females. 

Sec. 1756. He shall have power, with the concurrence P.^^^^i^lP'^- 
^1 • -I f T ^ T^T T- pilswitn 

oi the president oi the board oi directors, to dismiss any coucurrence 

pupil from the schools in his sub-district for gross immor- °^ president. 

ality, or for persistent violation of the regulations of the 

school, and to re- admit them, if he deems proper so to do; 

and shall visit the schools in his sub-district at least twice 

during each term of said school. 

TBACHEES. 

Sec. 1757. All contracts with teachers shall be in writing, £?J\*''f fJ-f, „,.^ 

speciiymg the length of time the school is to be taught, in to be in 

writing. 

(e) " If any person willfully write, make marks, or draw char- 
acters on the walls or any other part of any church, college, 
academy, school-house, court-house, or other public building ; or 
willfully injure, or deface the same, or any wall or fence inclosing 
the same, he shall be punished by fine not exceeding one hun- 
dred dollars, or by imprisonment in the county jail not more than 
thirty days." Sec. 3986, Code. 

Sec. 1755. The failure of the sub-directors to make their re- 
ports, as required by this section, will deprive the district town- 
ship of its proportion of school money. 

Sec. 1756. A careful investigation of the charges against the 
pupil should be made before he is dismissed. 

The action of the sub-director in dismissing a pupil remains in 
force for the term only ; the action of the board of directors in 
suspending or dismissing a pupil remains in force until rescinded. 

Sec 1757. (a) All contracts made by the sub-director, under 
the provisions of section 1753, must be approved by the president 
and reported to the board of directors. The teacher's certificate 
should be produced before the contract is signed. 



28 



SCHOOL LAWS OF IOWA. 



Must obtain 
certificate 
from county 
superintend- 
ent. 



weeks, the compensation per week, or per month of four 
weeks, and such other matters as may be agreed upon; and 
shall be signed by the sub director or secretary and teacher, 
and be approved by and filed with the president before the 
teacher enters upon the discharge of his duties. 

Skc. 1758. No person shall be employed to teach a com- 
mon school which is to receive its distributive share of the 
school fund unless he shall have a certificate of qualification 
signed by the county superintendent of the county in which 
the school is situated, or by some other officer duly author- 
ized by law; and any teacher who commences teaching 
without such certificate, shall forfeit all claim to compen-\ 
sation for the time during which he teaches without such I 
certificate. j 

(b) "It is the duty of the sub-director to file the teach ers's con- 
tract with the president of the board, and secure his approval ; 
the teacher being permitted to enter upon the performance of the 
contract, has a right to presume the contract was duly approved, 
and the abseijce of such approval cannot deprive the teacher of 
the right to recover the stipulated compensation for the service 
by him rendered." Hattie Conner v. District Township of Ludlow, 
35 Iowa, 375. 

(c) A contract made by a sub-director who is president, should 
be submitted to the board for approval. If a sub-director is em- 
ployed to teach the school in his uwn sub-district, he should con- 
tract with the board, or with a committee appointed for that pur- 
pose, by the board. 

Sec. 1758. (a) The only legal certificates, besides those given 
by county superintendents, are the perpetual state certificates, 
issued by the educational board of examiners, prior to Sept., 
1873, when said board was abolished. The superintendent of 
public instruction is not authorized to issue teachers' certificates. 

(6) The teacher must have a certificate during the whole term 
of school; he is not authorized to teach a single day beyond the 
period named in his certificate. In case of a teacher's temporary 
abseqce, from sickness or other cause, the placeshouldbe supplied 
with some person duly authorized to teach, selected by the sub- 
director. 

(c) In case a person is employed or continued as a teacher in 
violation of law without a certificate, a resident of the district 
may sue out a writ of injunction, restraining the person from teach- 
ing and the district from paying. Such a writ cannot be served 
at the instance of the county superintendent. PerTzins v. Wolf, 
etcd.,n Iowa, 228. 

Boards of directors employing and paying such teachers are 
liable to pros3cution under the provisions of the general statutes 
for misapplication of funds. Sections 3965, 3966, and 3967, Code. 



SCHOOL LAWS OF IOWA. 



29 



Sec. 1159. The teacher shall keep a correct daily register Keep register. 
of the school, which shall exhibit the number or other 
designation thereof, township and county in which the 
school is kept; the day of the week, the month and year; 
the name, age, and attendance of each pupil, and the 
branches taught. When scholars reside in diiferent dis- 
tricts, a register shall be kept for each district. 

Sec. 1760. The teacher shall, immediately after the Fiiecopywitii 
close of his school, tile in the office of the secretary Qf^^^^^^^^y- 
the board of directors, a certified copy of the register afore- 
said. 

GENERA.L PROVISIOlirS. 

Sec. 1761. A school month shall consist of four weeks School 
of five school days each. month. 

Sec. 1762. During the time of holding a teachers' insti- institute: 
tute in any county, any school that may be in session in such lu^in^^ closed 
county shall be closed; and all teachers, and persons desiring 
a teacher's certificate, shall attend such institute, or present 
to the county superintendent satisfactory reasons for not so 
attending, before receiving such certificate. 

Sec. 1763. The electors of any school district at any Electors may 
legally called school meeting, may, by a vote of a majority fanguages** 
of the electors present^ direct the German or other language taught. 
to be taught as a branch in one or more of the schools of 
said district, to the scholars attending the same whose parents 
or guardians may so desire; and thereupon such board of 
directors shall provide that the same be done; jy^ovided, 

Sec. 1759. The teacher may be held responsible for the effi- 
cient discharge of every duty properly attaching to his office, 
including the exercise of due diligence in the oversight and pres- 
ervation of school buildings, grounds, furniture, apparatus, and 
other school property, as wtll as the more prominent work of 
instruction and government. Making fires and sweeping the 
school-room are not, proper!}'', a part of the teacher's duties. In 
rural districts, teachers frequently perform this labor, as a matter 
of convenience and economy; those who are unwilling toper- 
form this work, or who expect to receive pay for it, should so 
stipulate with the sub-director before entering into the contract 
to teach. 

Sec. 1760. The secretary of the district should refuse to sign 
an order for teacher's wages, until the register is filed in his office 
as required by this section; without this register, he cannot make 
the report required by section 1745. 

Sec 1762. The provisions of this section are not applicable to 
the normal institutes, held in compliance with the provisions of 
sec. 1769. 



30 SCHOOL LAWS OF IOWA. 

that all other branches taught in said school or schools 
shall be taught in the English \2ingVi2i.gQ;provided^ further, 
that the person employed in teaching the said branches 
shall satisfy the county superintendent of his ability and 
qualifications, and receive from him a certificate to that 
effect. 

Sec. 1764. The Bible shall not be excluded from any 
Bible. school or institution in this state, nor shall any pupil be 

required to read it contrary to the wishes of his parent 
or guardian. 

- COUNTY SUPERTTSTTENDENT. 

Sec, 1765. The county stiperintendent shall not hold 
Cannot hold any office in, or be a member of the board of directors of a 
anotheroffice. district township or independent district, or of the board of 
supervisors during the time of his incumbency. 

Sec. 1766. On the last Saturday of each month, the 

Meet and ex-'county superintendent shall meet all persons desirous of 

teachers, passing an examination, and for the transaction of any other 

J^iJLtaJitA 3iy^ business within his jurisdiction, in some suitable room pro- 

iJtri^^' i^C^ i vided for that purpose by the board of supervisors at the 



»M^,'f.r^ 



^TU vi^ , '■v^ I j II Sec, 1764, (a) While moral instruction should be given in every 
school, neither this section nor the spirit of our constitution and 
laws, will permit a teacher or board of directors to enforce a reg- 
ulation in regard to religious exercises, which will wound the 
conscience of any; no pupil can legally be required to conform to 
any particular mode of worship. Our common schools are main- 
tained at public expense, and the law contemplates that they shall 
be equally free to persons of every faith, A very suitable devo- 
tional exercise consists in reading a portion of Scripture without 
note or comment, and the repetition of the Lord's Prayer. 

(6) The diversion of the school fund in any form or to any 
extent for the support of sectarian or private schools is inadmis- 
sible and clearly in violation of our laws, 

" Public money shall not be appropriated, given, or loaned by 
• the corporate authorities, supervisors, or trustees of any county, 

township, city or town, or municipal organization of this state, 
to, or in favor of, any institi tion, school, association, or object, 
which is under ecclesiastical or sectarian management or con- 
trol." Sec. 652, Code, 

Sec 1766, (a) The examination of teachers is a most impor- 
tant and difficult labor. Examinations should be thorough and 
systematic, and made with a view of obtaining the actual meas- 
ure of the applicant's proficiency in each branch. Written 
examinations afibrd the best test of scholarship, if the questions 
are carefully prepared and frequently renewed. 



SCHOOL LAWS OF IOWA. 31 

/county seat, at which time he shall examine all such appli- 
cants for examination as to their competency and ability to 
teach orthography, reading, writing, arithmetic, geography, 
i English grammar, physiology, and history of the United 
I States ; and, in making such examination, he may, at his 
Voption, call to his aid One or more assistants. 

Skc. 1767. If the examination is satisfactory, and the Give cert ifl- 
superintendent is satisfied that the respective applicants "^ 
possess a good moral character, and the essential qualifica- 
tions for governing and instructing children and youth, he 
shall give them a certificate to that eifect, for a term not 
exceeding one year. 

Sac. 1768. Any school officer or other person shall be per- Examiaa- 
mitted to be present at the examination ; and the superin- record made, 
tendent shall make a record of the name, residence, age, and 

(6) While the superintendent is not specifically prohibited 
from examining teachers on other days than the last Saturday 
in each month, he should generally confine himself to these days, 
and to such additional time as the amount of labor seems to re- 
quire. He may, with advantage, make appointments to hold ex- 
aminations in difiTerent localities, for the convenience of teachers, 
previous to the commencement of the winter and summer schools. 
Such examinations, with those held at the county seat, on the 
last Saturday of the month, ought, ordinarily, to give sufficient 
opportunity to all persons defeiring to be examined. Applica- 
tions made at other times should be rejected, unless good reasons 
are given for not attending the regular examinations; the inter- 
ests of the schools do not require frequent or individual exam- 
inations, and the superintendent's time can be more profitably 
employed in the performance of other duties. 

Sec. 1767 (a) County superintendents should remember that 
they are to inquire, not only into the applicant's literary qualifi- 
cation, but they must also be " satisfied that the applicant pos- 
sesses a good moral character, and the essential qualifications for 
governing and instructing children and youth." Scholarship, 
moral character, ability to govern, aptness to teach— the law requires 
all four of these qualifications in those to whom are intrusted the 
highest interests of the state— the education of its youth. 

(6) Certificates should not be renewed or extended, without 
a re-examination. The law fixes the frequency of examinations 
by limiting the time for which certificates can be given. Teachers' 
blank certificates are furnished by the superintendent of public 
instruction on application of county superintendents. 

A fee of one dollar will, in all cases, be required before a certif- 
icate is given. Sec. 1769. 

Sec 1768. The record required by this section, should be care- 



32 



SCHOOL LiWS OF IOWA. 



Normal 

institue. 



Fees for 
certificates. 



date of examination of all persons so examined, distinguish- 
ing between those to whom he issued certificates, and those 
rejected. 

Sec. 1769. (As amended by Chap. 57, Laws of 1874.) The^ 
county superintendent shall hold annually a normal institute 
for the instruction of teachers, and those who may desire to 
teach, and with the concui-rence of the superintendent of 
public instruction, procure such assistance as may be neces- i 
sary t© conduct the same, at such time as the schools in the 
county are generally closed. To defray the expenses of 
said institute he shall require the payment of a fee of one 
dollar for every certificate issued ; also the payment of onel^ 
dollar registration fee for each person attending the normal! 



fully made, as the items form a part of the county superintend- 
ent's annual report to the superintendent of public instruction. 
Sec. 1769. (a) The normal institute takes the place of the 
teachers" institute held under previous laws. It must be held at 
a time when the public schools are generally closed ; July, August, 
and September, are the most favorable months, except in counties 
where the schools do not commence until October or November. 
Preparations for the institute should be commenced early, by se- 
curing the requisite instructors, rooms, fixing the time, etc. 

(b) The superintendent of public instruction is authorized, 
■ upon receipt of the proper certificate from the county superin- 
tendent, to appoint the time and place of holding the normal in- 
stitute and to transmit to him a warrant on the state treasury for 
fifty dollars, towards defraying its expenses. Sec. 1584, Code. 
County superintendents will determine the time and place, and 
make application to the superintendent of public instruction ac- 
cording to Form No. 28, at least thirty days before the institute is 
to commence. This application and appointment are necessary 
to secure the state appropriation. 

(c) The length of time during which the normal institute 
shall remain in session is left to the discretion of the county 
superintendent. This will depend largely upon the amotmt of 
the institute fund. It cannot remain in session less than one 
week of six days, sec, 1584, Code. A session of from three to 
six weeks may be safely undertaken in most counties. 

{d) Attendance upon the normal institute will be voluntary 
on the part of teachers; but young and inexperienced teachers 
will not expect to receive certificates, unless of the lowest grade, 
without regularly attending the normal institute. By means of 
the larger fund and the greater length of time, during which this 
institute will remain in session, it can, if the proper means are 
employed, be rendered invaluable to teachers. The benefits 
which they will receive, will secure their voluntary and general 



SCHOOL LAWS OF IOWA. 

institute. He shall, monthly, and at the close of each in- 
stitute, transmit to the county treasurer, all moneys so re- 
ceived, including the state appropriation for institutes, to be 
designated the "institute fund;" together with a report of 
the name of each person so contributing, and the amount. 
The board of supervisors may appropriate such adciitional 
sum as may by them be deemed necessary for the further 
support of such institute. All disbursements of the insti- 
tute fund shall be upon the order of the county superin- 
tendent; and no order shall be drawn except for bills pre- 
sented to the county superintendent, and approved by him, 

attendance. Any schools that may be in session during the nor- 
mal institute, will not be closed, except upon the order of the 
board of directors thereof. 

(e) The law requires the county superintendent, with the con- 
currence of the superintendent of public instruction, to procure^uch 
assistance as may be necessary to conduct the institute. It is ex- 
pected that superintendents will select conductors and teacheis, 
as far as practicable, and forward the names for examination and 
approval. Ordinarily, three or four instructors should be secured, 
all of whom should be superior teachers of recent experience; 
one of whom, at least, should have had experience in institute 
work, and be able to give plain, practical instruction, in methods 
of school organization, government and teaching. One or more 
lady teachers should be secured, where it is practicable. The 
best results are usually secured by dividing the institute into two 
or more divisions for instruction in the several branches, leaving 
a portion of the time for general instruction before the whole in- 
stitute. The superintendent may assume the general manage- 
ment of the institute, and act as conductor, assigning others their 
work, or may select another to act as conductor and take the 
place of teacher, or may simply assume the general oversight 
and dii;ection. He is entitled to his per' dinn for any service in 
connection with the institute, as for other official duties, but re- 
ceives no part of the institute fund. 

(/) These normal institutes are short training schools , their 
object is to reach and. correct the greatest defects found in the 
schools. The superintendent in visiting schools should seek to 
discover the most prominent defects and wants in the methods of 
instruction. The normal institute will afford effective means of 
reaching and correcting these faults. The great object is to in- 
struct teachers how to teach children. 

(g) The reports and payments to the county treasurer, requir- 
ed by this section, should be made on the first day of each month, 
Blanks for this purpose, and all necessary blanks for the normal 

5 



'63 



34 



SCHOOL LAWS OF IOWA. 



May appoint 
deputy. 



May revoke 
certificate. 



Make report 
to superin^ 
tendent of 
public 
instruction. 



for services rendered or expenses incurred m connection 
with the normal institute. 

Sbc. 1770. If, for any cause, the county superintendent 
is unable to attend to his official duties, he shall appoint a 
deputy to perform them in his stead, except visiting schools 
and trying appeals. 

Sec. 177L The superintendent may revoke the certifi- 
cate of any teacher in the county which was given by the 
superintendent thereof, for any reason which would have 
justified the withholding thereof when the same was given,, 
after an investigation of the facts in the case, of which in- 
vestigation the teacher shall have personal notice, and he 
shall be permitted to be present and make his defense. 

Sec. 1772. On the first Tuesday of October of each 
year, he shall make a report to the superintendent of public 
instruction, containing a full abstract of the reports made 
to him by the respective district secretaries, and such other 
matters as he shall be directed to report by said superin- 
tendent, and as he himself may deem essential in exhibiting 
the true condition of the schools under his charge; and he 



institute, will be furnished by the superintendent of public in- 
struction upon application. 

Sec. 1771. (a) Though an appeal will lie in soch cases, the 
discretion of a county superintendent in refusing or revoking a 
teacher's certificate will not be interfered with by the superin- 
tendent of public instruction, unless it .is clearly shown that in 
such act, the county superintendent violated law or abused his 
discretion. Dougherty v. Tracy, School Law Decisions, 1876. 

{h) The notice provided for in this section, should contain an 
explicit statement of the charges against which the teacher is ex- 
pected to make his defense. 

Sec 1772. (a) The blanks for the annual report of the county 
superintendent are furnished by the superintendent of public 
instruction. 

(6) The superintendent may test the accuracy of the treasur- 
ers' reports by consulting the books of the county treasurer. 
The amount of the several funds reported as received from the 
district tax, also the amount received from the semi-annual ap- 
portionment, should agree with the county treasurer's receipts 
for the same. All errors should be corrected. 

(c) The abstract of the enumeration of children in each dis- 
trict should be made with especial care, and should be complete 
and accurate, otherwise the county may not obtain its just pro- 
portion of the income of the permanent school fund. 

{d) Should the district secretaries or treasurers fail to make 
their reports in tinie, the superintendent should take prompt 
measures to secure them, even go after them if necessary. 



SCHOOL LAWS OF IOWA. 



35 



shall, at the same time, file with the county auditor a state- 
ment of the number of persons between the ages of five 
and twenty-one years in each school district in his county. 

Sec, 1113. Should he fail to make either of the reports Penalty for 
required in the last section, he shall forfeit to the school ^^i^^re. 
fund of his county the sum of fifty dollars, and shall, be- 
sides, be liable for all damages caused by such neglect. 

Sec. 1774. He shall at all times conform to the instruc- Must conform 
tions of the superintendent of public instruction, as to mat- tion^s^^v'isit 
ters within the jurisdiction of the said superintendent. He schools. 
shall serve as the organ of communication between the su- 
perintendent and township or district authorities. Pie shall 
transmit to the townships, districts, or teachers, all blanks, 
circulars, and other communications which are to them di- 
rected; he shall visit each school in his county at least once 
in each term, and shall spend at least one-half day in each 
visit. 

Sec. 1775. He shall report on the first Tuesday of Octo- Report to su- 
ber of each year to the superintendent of the Iowa college futrof^^oi- 
for the blind, the name, age, residence, and post office ad- leges for blind 
dress of every person blind to such an extent as to be un- dumb.^^ ^" 
able to acquire an education in the common schools, and 
who resides in the county in which he is superintendent, 
and also to the superintendent of the Iowa institution for 
the deaf and dumb, the name, age, and post office address of 
every deaf and dumb person between the ages of five and 
twenty-one who resides within his county, including all 
such persons as may be deaf to such an extent as to be un- 
able to acquire an education in the common schools. 



(e) "When district townships are divided, or independent dis- 
tricts organized, the saperintendent should imm^ediately file with 
the county auditor a statement, based upon the last report of the 
secretaries, showing the number of persons of school age in each 
of the districts whose boundaries have been thus changed. 

Sec 1774. The superintendent in his visits should seek to aid, 
instruct, and inspire teachers to the employment of the best 
methods of teaching, governing, and conducting their schools; 
should try to secure the proper classification of pupils, the ar- 
rangement of courses of study, and the care and protection of the 
school property. He should study to awaken among parents and . 
children, a deeper interest in the public schools so as to secure 
improved attendance, deportment and scholarship of pupils, and 
more frequent visits of parents and school officers. A judicious 
visit from the superintendent may often serve to infuse new life 
into the school. 

Sec 1775. The blanks for these reports are furnished by the 
superintendents of the respective institutions. 



86 



SCHOOL LAWS OF IOWA. 



tion. 



Sec. 1776. The county superintendent shall receive from 
Compensa- ti^e county treasury the sum of three dollars per day for 
every day necessarily engaged in the performance of official 
duties, and also the necessary stationery and postage for 
the use of his office, and he shall be entitled to such addi- 
tional compensation as the board of supervisors may allow; 
provided, that he shall first file a sworn statement of the 
time he has been employed in his official duties, with the 
county auditor. 



TAXES. 



Sec. 1777. The board of directors shall, at their regu- 
Boardof di- lar meeting in March of each year or at a special meeting 
tfmate ^^ ^^' convened for that purpose, between the time designated foi- 
amount re- ^ucih regular meeting and the third Monday in May, esti- 
comiDgent mate the amount required for the contingent fund, and also 



and teachers 
fund. 



Sec. 1776. (a) The board of supervisors shall furnish the 
county superintendent with an oflace at the county seat, together 
with fuel, lights, blanks, books, and stationery necessary and 
proper to enable him to discharge the duties of his office; but in 
no case shall such officer be permitted to occupy an office also 
occupied by a practicing attorney. Sec. 3844, Code. 

(6) The superintendent alone has authority to determine the 
number of days required for the proper performance of his official 
duties having filed the sworn statement required by the pro- 
visions of this section, he is entitled to a warrant therefor from 
the county auditor. 

If he has filed a false statement of official services he should 
be proceeded against according to law. 

Sec 1777. {a) This section requires boards of directors to 
certify the specific sums necessary to be raised for teachers' and 
contingent fund to the board of supervisors, whose duty it is to 
estimate and levy the per centum necessary to raise the amounts 
so cftrtified. 

(6) Section 1780 limits the amount which may be levied in a 
district township for any one year to fifteen dollars per scholar 
for teachers' fund and five dollars per scholar for contingent 
fund, but authorizes the levy of seventy-five dollars for contin- 
gent, and two hundred and seventy dollars for teachers' fund, for 
each sub-district, even if tlie levy thereby exceeds five and fifteen 
dollars per scholar, for these funds. 

(c) If the amount of school-house tax voted and certified by 
the board of directors in any year exceeds the limit wliich the 
board of supervisors are allowed to levy, under the provisions of 
Sec. 1780, it is the duty of the board of directors to certify the 
amount of the deficiency from year to year until the whole 



SCHOOL LAWS OF IOWA. 37 

such sum as may be required for the teachers' fund, in 
addition to the amount received from the semi-annual ap- 
portionment, as shown by the notice from the county audi- 
tor, to support the schools of the district for the time 
required by law for the current year; and shall cause the 
secretary to certify the same, together with the amount voted 
for school-house purposes, within five days thereafter to the 
board of supervisors, who shall at the time of levying taxes 
for county purposes, subject to the provisions of section 
seventeen hundred and eighty of this chapter, levy the per 
centum necessary to raise the sum thus certified upon the 
property of the district township, which shall be collected 
and paid over as are other district taxes. 

Sec. 1778, They shall apportion anj*- tax voted by the Apportion 
district township meeting for school-house fund, among the tax?°^^°'^^^ 
several sub-districts in such a manner as justice and equity 
may require, taking as the basis of such apportionment the 
repective amounts previously levied upon said sub-districts 
for the use of such fund; provided^ that if the electors of 
one or more sub-districts at their last annual meeting shall 
have voted to raise a sum for school-house purposes greater 
than that granted by the electors at the last annual meet- 
ing of the district township, they shall estimate the amount 

amount is levied. The electors, however, may, by vote, suspend 
the levy at any subsequent annual meeting. 

{d) The teachers' and contingent funds are not to be uppor- 
tioned among the sub-districts, but levied uniformly on the 
taxable property of the district township. 

(e) The board of supervisors are not restricted to levying the 
exact amount certified, if this should require the levy of fractional 
mills. The amount levied should not' be less than the amount 
certified. 

(/) Chapter 67, laws of 1874, authorizes districts formed from 
territory lying in adjoining counties, to vote and certify to the 
respective boards of supervisors the number of mills on the dollar 
required to raise the necessary school taxes. 

Sec 1778. (a) All school-hovse taxes must be voted either by 
the district or by the sub-district electors. When'voted they 
must in all cashes be certified to the board of supervisors. All 
taxes voted by the district township pieeting must be apportioned 
among the sub-districts of the township. The basis of this ap- 
portionment is the aggregate number of mills that have been 
levied upon the sub-districts of the township for school-house pur- 
poses. The apportionnient should be made so as gradually to 
equalize these rates, in order that the school-house tax may, ulti- 
mately, be uniform throughout the district. 

(6) The township electors may vote a tax for the erection of a 



38 



SCHOOL LAWS OF IOWA. 



Excess. 



Limitation. 



Board of su- 
Tiervisors to 
levy tax.. 



Same: am't 
of levy 
limited. 



of such excess on such sub-district or sub districts, and 
cause the secretary to certify the same within five days 
thereafter to the board of supervisors, who shall, at the 
time of levying taxes for county purposes, levy the per 
centum of such excess on the taxable property of the sub- 
district asking the same, provided that not more than fifteen 
mills on the dollar shall be levied on the taxable property 
of any sub-district for any one year for school-house pur- 
poses. 

Sec. 17 79. The board of supervisors of each county, 
__siTaIl, at the time of levying the taxes for county purposes," 
levy a tax for the support of schools within the count y of 
Tio£~re88 than"'ohe milT,""n~dr inore than three mills on thes 
"dollar, on the assessed "value" oTairthe "real and personal 
property within the county, which shall be collected by the 
county treasurer at the time and in the same manner as 
state and county taxes are collected, except that it shall be 
receivable only in cash. 

Sec. 1780. They shall also levy at the same time, the dis- 
trict school tax certified to them from time to time by the 
respective district secretaries; provided^ that the amount 
levied for school-house fund shall not exceed ten mills on 
the dollar, on the property of any district, and the amount 
levied for contingent fund shall not exceed five dollars per 
pupil, and the amount raised for teachers' fund, including 



school-house in any sub-district without previous action of the 
sub-district electors. If the sub-district electors vote to raise a 
sum for school-house purposes, it is the duty of the sub-director 
to certify the same to the district township meeting. If this duty 
is neglected, the board of directors are not authorized to certify 
the tax voted. Whatever portion of the sum properly certified 
the district meeting neglects or refuses to grant, must be certified 
and levied directly upon the sub-district making the request, in 
'addition to the equitable portion of the whole amount voted by 
the district township meeting. If the meeting refuses to vote 
any amount, the whole must be certified and levied upon the 
sub-district. 

(c) The tendency of the action of the sub-district electors in 
voting school-house taxes, is to produce unequal rates of taxation 
for school-house purposes, and to otherwise greatly complicate 
the raising of school-house funds; hence, unless the necessities 
of the case absolutely require, such action should not be en- 
couraged. All necessary school-house taxes should, as a rule, be 
voted by the district township 'meeting. 

Sec. 1780. The second proviso in this section was added for the 
relief of sparsely settled townships in which five dollars per 
pupil for contingent fund, and fifteen dollars per pupil for teach- 
ers' fund is not adequate to maintain schools for the time required 



SCHOOL LAWS OF IOWA. gg 

Z' the amount received from the semi-annual apportionment, 
shall not exceed fifteen dollars per pupil for each pupil 
] residing in the district, as shown by the last report of the 
V county superintendent. Ai?,d if the amount certified to the 
board of supervisors exceeds this limit, they shall levy only 
to the amount limited; provided^ that they may levy sev- 
enty-five dollars for contingent fund, and two hundred and 
seventy dollars, including the amount received from the 
semi-annual apportionment, for the teachers' fund for each 
sub-district. 

COUNTY- AUDirOR. 

Skc. 178 L ._The county audito r shall, on the first Monday County aadi- 
in April and the fourth Monday in September of each year, tion taxesand 
__appoi-tion the county scho ol tax, together v/ith the interest interest on 

o£ the permanent school fund to which his county is enti- 
"tleB, and all other money in the hands of the county treas- 
urer belonging in common to the schools of his county and 
not included in any previous apportionment, among the 
several districts therein, in propo rtion to the number of per- 
sons betw een five and twenty-one years of age,, as shown by 
the report of the county superintendent filed with him for 
the year immediately preceding. 

Sec. 1782. He shall immediately notify the president of Notify presi- 
each school district of the sum to which his district is enti- schoo'idlstrict 
tied by said apportionment, and shall issue his warrant for of same, 
the same to accompany said notice, which warrant shall be 
also signed by the president and countersigned by the secre- 
tary of the district in whose favor the same is drawn ; and 
shall authorize the district treasurer to draw the amount due 
said district from the county treasurer; and the secretary 
shall charge the treasurer of the district with all warrants 
drawn in his favor, and credit him with all warrants drawn 
on the funds in his hands, keeping separate accounts with each 
fund. 

Sec. 1783. He shall forward to the superintendent of forward ^cer- 
public instruction, a certificate of the election or appoint- election of 
ment and qualification of the county superintendent; and ?°^g^*Jg^j^,P®'^" 
shall, also, on the second Monday in February and August and import to 
of each year, make out and transmit to the auditor of state, state*°^ ° 

by law. In such districts these limits may be exceeded, provid- 
ing not more than §75.00 for contingent fund, and ^270.00, includ- 
ing the semi-annual apportionment for teachers' fund, is levied 
for each sub-district in the township. 

Sec 1781. For the basis of the apportionment to new districts, 
sec. 1772, note (e). 

Sec. 1783. It is imjiortant that the certificate referred to should 
be promptly forwarded to the superintendent of public instruc- 
tion. Otherwise, the interests of the county may sufi'er by the 



40 



SCHOOL LAWS OF IOWA. 



in accordance with such form as said auditor may prescribe, 
a report of the interest of the school fund then in the hands 
of the county treasurer, and not included in any previous 
apportionment, and also the amount of said interest remain- 
ing unpaid. 



COUNTY lEEASUEBE. 



Pay over 
taxes to ap- 
propriate 
officer. 



Sec. 1784. The county treasurer shall, on the first Mon- 
day in April of each year, pay over to the treasurer of the 
district the amount of all school district tax which shall 
have been collected, and shall render him a statement of 
the amount uncollected, and shall pay over the amount in 
his hands quarterly thereafter. He shall also keep the 
amount of tax levied for school house purposes, separate in 
each sub-district, where such levy has been made directly 
upon the property of the sub-district making the applica- 
tion, and shall pay over the same quarterly to the township 
treasurer for the benefit of such sub district. He shall, in 
all counties wherein independent districts are organized, 
keep a separate account with said independent districts, in 
which the receipts shall be daily entered, which books shall 
at all times be open to the inspection and examination of 
the district board of directors, and shall pay over to the 
said independent disti'icts the amount of school taxes in 
his possession on the order of the board, on the first day of 
each and every month. 

Sec. 1785. On the first day of each quarter, the county 
treasurer shall give notice to the president of the school 
schoof'b'oard ^oard of each township in his county of the amount col- 
quarteriy. lected for each fund; and the president of each board shall 
draw his warrant, countersigned by the secretary, upon the 
county ti'easurer for such amount, who shall pay the amount 
of such taxes to the treasurers of the several school boards 
only on such warrants. 



To notify 



transaction of business with persons not duly authorized to act. 
The certificate should in all cases certify to the qualification as 
well as the election or appointment of the county superintend- 
ent; for although he may be properly elected or appointed, yet 
he cannot be recognized until it is known that he has taken the 
necessary oath of office. Whenever any change is made by 
resignation or otherwise, a certificate of the appointment and 
qualification of a successor should be immediately forwarded. 

Sec 1785. The three funds provided for by law, viz : school- 
house, teachers', and contingent, must be kept separate by the 
county treasurer, as provided for in this section, to enable school 
officers to comply with the law in the discharge of their official 
duties. Sections 1739, 1741, 1745, 1748, and 1750. 



SCHOOL LAWS OF IOWA. ^i 



MISCELLANEOUS. 

Sec. ] 'ZSe. All fines and penalties collected from a school Fines and 
district officer by virtue of any of the provisions of this Penalties, 
chapter, shall inure to the benefit of that particular district. 
Those collected from any member of the board of directors, 
shall belong to the district township, and those collected 
from county officers, to the county. In the two former cases, 
suit shall be brought in the name of the district township ; 
in the latter, in the name of the county, and by the district 
attorney. The amount in each case shall be added to the 
fund next to be applied by the recipient for the use of common 
schools. 

Sec. 1787. When a judgment has been obtained against judgments: 
a school district, the board of directors shall pay off and iiowpaid. 
satisfy the same from the proper fund, by an order on the 
treasurer; and the district meeting, at the time for voting a 
tax for the payment of other liabilities of the district shall 
provide for the payment of such order or orders. 

Sec. 1788. In case a school dis-trict has borrowed money Money bor- 
of the school fund, the board of supervisors shall levy g^^^^^ ^^f^^,^ . 
such tax, not exceeding five mills on the dollar in any one how paid, 
year, on the taxable property of the district as constituted 
at the time of making such loan, as may be necessary to 
pay the annual interest on said loan, and the principal when 
the same falls due, unless the board of supervisors shall see 
proper to extend the time of said loan. 

Sec. 1789. No district township or sub-district meeting Hours of 
shall organize earlier than nine o'clock A. m., nor adjourn ^jourmng.^ 
before twelve o'clock m.; and in all independent districts 
having a population of three hundred and upward, the polls 
shall remain open from nine o'clock a. m. to four o'clock 
p. M. 

Sec. 1790. Any school director, or director elect, is Oath: admin- 
authorized to administer to any school director elect the o\*^ej.!° ^^'^^ 
official oath required by law, and said official oath may be 

Sec. 1789. (a) The object of this eection is to prevent a few 
designing persons from meeting at an unusual hour, dispatching 
the business with unseemly haste, and adjourning before many 
of the electors arrive. The meeting should be conducted with 
entire fairness, and an opportunity given for an expression of the 
real sentiment of the district, 

(6) In district townships, sub-districts, and in independent 
districts containing less than three hundred inhabitants, the 
meeting may be organized at any time after 9 o'clock a. m., and 
before 6 o'clock P.M., and may continue as long after 12 m., as 
circumstances may require. 

Sec. 1790. When any election is contested, the person elected 
6 



42 SCHOOL LAWS OF IOWA. 

taken on or before the third Monday in March following 
the election of directors. 

Sec. 1791. When any school officer is superseded by 

money'* election or otherwise, he shall immediately deliver to his 

books, etc., succcssor in office, all books, papers, and moneys pertaining 

peaa?ty%°r " ^^ ^^^ office, taking a receipt therefor ; and every such officer 

laiiure" who shall refuse to do so, or who shall willfully mutilate or 

destroy any such books or papers, or any part thereof, or 

shall mis-apply any moneys entrusted to him by virtue of 

his office, shall be liable to the provisions of the general 

statutes for the punishment of such offense. 

Sec. 1792. Nothing in this chapter shall be so construed 
Jurisdiction, as to give the board of directors of a district township juris- 
diction over any territory included within the limits of any 
independent district. 

Sec. 1793. (As amended by Chapter 64, Laws of 1876.) 

Children re- Children residing in one district may attend school in 

distriljt may ^ another in the same or adjoining county or township, on 

attend school guch terms as may be agreed upon by the respective boards 

of directors ; but in case no such agreement is made, they 

may attend school in any such adjoining district, with the 

shall have twenty days in which to qualify, after the date of the 
decision. Code, 687. 

Sec. 1791. See sections 3908, 3917, 3918, and 3929, Code. 

The language of this section includes copies of the School 
Laws, School Journal, Eeports, and all other publications which 
may be received by virtue of being a school officer. 

Sec. 1793. (a) This section was amended to take effect March 
14, 1876, by substituting the words "one and one-half " for the 
word "two" in the seventh line. 

(6) If pupils reside more than one and one-half miles from a 
school in their own district and nearer to a school in an adjoin- 
ing district, which they desire to attend, application should first 
be made to both boards of directors; if the board of the district 
in which they reside refuse to enter into an agreement, they 
may attend school in such adjoining district with the consent of 
the hoard thereof whose secretary should immediately notify the 
board of the district where such ckiJdren reside. Payment for 
attendance can be collected from the district where they reside 
only from the date of such notice. 

(c) The average proportion of tuition and contingent expenses 
for any number of pupils, is found by dividing the amount 
expended for these purposes in the sub-district where they 
have attended, by the total attendance in days, and multi- 
plying the quotient by the number of days said pupils have 
attended. 

(d) If pupils reside nearer to a school in their own district, or 



SCHOOL LAWS OF IOWA. 43 

consent of the board of directors thereof, when they reside 
nearer the school in said district, and one and a half miles 
or more, by the nearest traveled hisrhway, from any school 
in their own. The board of directors of the township in 
which such children reside, shall be notified in writing, and 
the district in which they reside shall pay to the district in 
which they attend school, the average tuition of said chil- 
dren per week, and an average proportion of the contingent 
expenses of said district where they attend school ; and in 
case of refusal so to do, the secretary shall file the account 
for said tuition and contingent expenses certified to by the 
president of his board, with the county auditor of the county 
in which said children reside, and the said county auditor 
shall at the time of making the next semi-annual appor- 
tionment thereafter, deduct the amount so certified from 
the sum apportioned to the district in which said children 
reside, and 'cause it to be paid over to the district in which 
they have attended school. 

Sec. 1794. Pupils who are actual residents of a district Residence of 
shall be permitted to attend school in the same, regardless 
of the time when they acquired such residence, whether be- 
fore or after the enumeration, or of the residence of their 
parents or guardians; but pupils who are sojourning tem- 
porarily in one district, while their actual residence is in 
anothei-, and to whom the last preceding section is not ap- 
plicable, may attend school upon such terms as the board of 
directors may deem just and equitable. 

Sec. T795. Pupils may attend school in any sub-district p,^p"5= where 

n 1 -,. • ^ , . y , . , , .-I •,! ,1 attend school. 

of the district township in which they reside with the con- 
sent of the sub-director of such sub-district, and of the sub- 
director of the sub-district in which such pupils reside. 

Sec. 1Y96. The board of directors shall, at their regular J^^i^^g^. ^ 
meeting in September, or at any special meeting called °^^^ ^^''' 
thereafter for that purpose, divide their township into sub- 
within one and one-half miles of one, they can attend school in 
an adjoining district at the expense of their own district, only 
by agreement of both boards. In no case can pupils attend 
school in a district in which they do not re&ide without the con- 
sent of the board thereof. The distance should, in all cases, be 
computed by the nearest public road. 

Sec. 1794. The residence of the pupil, and not of the parent, 
determines his right to attend school. The parent may reside in 
one district, and the child in another. If the parent sends him 
into another district to remain for a limited period, he can attend 
school only on such terms as may be prescribed by the board of 
directors. 

Sec 1796. (a) All alterations must be made between the 
third Monday in September, and the first Monday in March. 
They should be completed at such time in February as will permit • 



cles interiere. 



44 SCHOOL LAWS OF lOAVA. 

districts, such as justice, equity, and the interests of the peo- 
ple require; and may make such alterations of the bound- 
aries of sub-districts heretofore formed, as may be deemed 
necessary; and shall designate such sub-districts, and all 
subsequent alterations, in a distinct and legible manner, 
upon a plat of the district provided for that purpose; and 
shall cause a written description of the same to be recorded 
in the district records, a copy of which shall bfe delivered 
by the secretary to the county treasurer, and also to the 
county auditor, who shall record the same in his office; ^jro- 
vided, that the boundaries of sub districts shall conform to 
tho lines of congressional divisions of land; and that the 
formation and alteration of sub-districts as contemplated in 
this section, shall not take effect until the next sub-district 
election thereafter, at which election a sub-director shall be 
elected for the new sub-district. 

Sec. 1797. In cases where, by reason of streams or other 
Wiiere natural obstacles, any portion of the inhabitants of any 

streams or , , , . . ^ ''. '- . . . „ , . •' 

other obsta- school district Cannot, m the opinion oi the county superm- 
_, . tendent, with reasonable facility enjoy the advantages of any 

school in their township, the said county superintendent, 
with the consent of the board of directors of such district 
as may be affected thereby, may attach such part of said 
township to an adjoining township, and the order therefor 

the proper notice to be given for the election of a sub-director on 
the first Monday in March. Sec. 1718. It requires a vote of a 
majority of all the members of the board of directors to make any 
changes in the boundaries of sub-districts. Sec. 1738. 

(6) It is especially important that the county auditor and 
treasurer be officially notifi.ed by the district secretary whenever 
any changes are made in the district township boundaries, by the 
formation of independent districts or otherwise, to enable these 
officers to perform their duties in the levy of taxes and the appor- 
tionment and disbursement of school funds. 

(c) By congressional divisions of land is meant those divisions 
authorized by congress in government surveys, of which the 
smallest is, in general, one-sixteenth of a section, or a tract of 
forty acres in a square form. Government lines, however, some- 
times meander along streams and other bodies of water, and divis- 
ions of land are thus formed of less than forty acres. 

Sec. 1797. {a) This section contains the only provision of law 
under which a sub-district can be formed from parts of two or 
more district townships; the law should be strictly complied with, 
else the proceedings will be invalid. Sub-districts cannot be 
formed from portions of two or more counties. 

(6) Streams well bridged and distance are not "natural obsta- 
cles" in the contemplation of the law. 

(c) Such sub-districts can be formed only by concurrent action 



SCHOOL LAWS OF IOWA. 45 

shall be transmitted to the secretary of each district, and be 
by him recorded in his records, and the proper, entry made 
on his plat of the district. 

Sec. 1798. In all cases where territory has been or may Reatoration 
be set into an adjoining county or township for school *^ ^^^^ °^^* 
purposes, such territory may be restored by the concurrence 
of the respective boards of directors; but on the written 
application of two-thirds of the electors residing upon the 
territory within the township in which the school-house is 
not situated, the said boards shall restore the territory to the 
district in which it geographically belongs. 

Skc. 1799. The boundary lines of a civil township shall ^in^g^caimot 
not be changed by the board of supervisors of any county, be so changed 
80 as to divide any school district by changing the boundary d!s\rictT^'^^ 
lines thereof, except when a majority of the voters of such 
district shall petition therefor-, provided houiever, that this 
shall not prevent the change of the boundary lines of any 
civil township, when such change is made by adopting the 
lines of congressional townships. 



INDEPENDENT DISTEICTS. 

Sec. 1800. Any city or town containing not less than Separate dis 
three hundred inhabitants within its limits, may be consti- ^^^ ^ orme 
tuted a separate school district; and territory contiguous to 

of the boards of directors of the districts affected, and the county 
superintendent. As the county superintendent has original con- 
current jurisdiction, no appeal can be taken from the refusal of a 
board to give consent. 

Sec 1798. When the boundaries of districts are changed, the 
territorj' transferred carries with it a just proportion of all assets 
and liabilities of the district from which it is taken. 

Sec 1799. District township boundaries must conform to the 
boundnries of civil townships under the provisions of section 
1713. The boundaries of independent districts are not affecttd 
by the change of civil township boundaries. 

Sec. 1800. (a) The word "town," as used in this section, ap- 
plies to both incorporated and unincorporated towns or villages 
whose plats are recorded. The three hundred inhabitants must 
be contained within the limitsof the town. 

(6) An independent district cannot be formed from a city or 
town situated within an independent district. 

(c) There is no provision of law for dividing an independent 
district into two or more independent districts, nor for the for- 
mation of an independent district from portions of two or more 
independent districts. 

[,d) When the boundaries of cities and towns are extended, 



46 SCHOOL LAWS OF IOWA. 

such a city or town may be included with it as a part of 
said separate district in the manner hereinafter provided. 
Sec. 1801. At the written requestof any ten legal voters 
Vote of pec- residing in such city or town, the board of directors of the 
^ ®' district township shall establish the boundaries of the con- 

templated school district, including such contiguous terri- 
tory as may best subserve the convenience of the people for 
school purposes, and shall give at least ten days' previous 
notice of the time and place of meeting of the electors re- 
siding in said district, by posting written notices in at least 
five conspicuous places therein; at which meeting the said 
electors shall vote by ballot for or against a separate organ- 
ization. 

the boundaries of their respective school districts are corres- 
pondingly extended. 

(e) Any district township may be organized into an independ- 
ent district under the provisions of section 1814, to be governed 
and managed in all respects as other independent districts. 

Sec. IeOI. [a) The independent district must include all of 
the city or town, and may include as much contiguous territory 
as the board of directors think proper. It is not limited by sub- 
district lines, but may, if necessary, include a part or all of two 
or more sub-districts. When the boundaries extend beyond the 
limits of a town or city, they must conform to lines of congres- 
sional divisions of land. 

(6) The board of directors of the district township in which a 
majority of the voters of the contemplated independent district 
reside, may legally establish the boundaries of said district with- 
out the concurrence of any other board of directors, even when 
said territory is comprised in two or more civil or district town- 
ships in the same or adjoining counties. 

(c) The notices of the election to determine the question of a 
separate organization, should state with clearness the boundaries 
ol the proposed district. 

{d) The president and secretary of the district township, 
should act as chairman and secretary of this meeting, and as 
judges of the election; in their absence a chairman and secretary 
should be chosen by the electors. 

"All of the electors residing within the proposed limits must 
be permitted to vote on the question of separate organization." 
Fort Dodge City School District v. District Township of Wahkonsa, 17 
Iowa, 85. 

(e) "At the meeting held to determine the question of separate 
organization of an independent district, the polls must remain 
open from 9 o'clock a.m., until 4 o'clock p. m." District Township of 
Hesper v. Independent District of Burr Oak, 34 Iowa, 306. 



SCHOOL LAWS OF IOWA. 

Sec. 1802. (As amended by Chap. 27, Laws of 1874.) Directors 
Should a maiority of votes be cast in favor of such separate ®^*^"'®'^- 
organization, the board of directors of the district township 
shall give similar notice of a meeting of the electors for the 
election of six directors. Two of these directors shall hold 
their office until the first annual meeting after their election, 
and until their successors are elected and qualified; two 
until the second; and two until the third annual meeting 
thereafter; their I'espective terms of office to be determined 
by lot. The six directors shall constitute a board of direc- 
tors for the district, and they shall, at their first regular 
meeting in each year, elect a pre sid ent from their own num - 
ber^and at their naeeting on the third Monday in Septem- 
ber in each year, a secretary and treasurer to be chosen 
outside of the board ; provided, that in all independent dis-^ 
tricts having a population of less than five hundred, there ^ 
shall be three directors elected, who shall organize by elect- "^ 
lug a president from their own number,also a secretary and ) 



47 



Sac. 1802. (a) The first board of directors of an iadependent 
district will enter upon the discharge of official duties as soon as 
qualified, and organize by electing a president, a secretary and a 
treasurer ; the term of office of the president will expire on the 
third Monday in March following his election ; of the secretary 
and treasurer, on the third Monday in September after their 
election. The secretary should immediately file with the county 
superintendent, auditor ana treasurer, each, a certificate, show- 
ing the officers of the board, and their post office address, and 
should notify them of all subsequent changes made in the officers 
of the board. Sec. 1736. 

(6) In all independent districts, the president is chosen by the 
board from their own numoer on the third Monday in March. 
He has the right to vote on all questions coming before the 
board. Sees. 1721 and 1739, note (a). The secretary and treas- 
urer are elected on the third Monday in September. In districts 
containing over five hundred inhabitants, they must be chosen 
outside of the board. In diotricts containing less, they may or 
may not be chosen from the board. When chosen outside the 
board they have no vote. 

(c) The last official census, will, as a general rule, be sufficient- 
ly accurate to determine questions relating to the population ; 
but in cases of doubt, the actual existing facts govern ; these facts 
may be atcertained by any reliable means. 

[d) In case the board fail to elect an officer on the day fixed 
by law, by reason of a tie vote or other cause, a special meeting 
may be called for this purpose. If the treasurer continues in 
office by reason of failure to elect a successor, his bond should 
be renewed to run until his successor is elected. / > > -t- n ^ 

^ jh^^x^^^cnu \X'<tk\a.<t^ "Ork^ ^ccca '^H-i^ i^t^Ud^ T*^ 

J?c cut lu. eci<^c^t4x CL, '^{jL 






48 SCHOOL LAWS OF IOWA. 

f treasurer who may or may not be members of the -board; 
and ^^rovided further, that in all independent districts 
already organized, the terms of office of such directors as 
may have been chosen previous to the taking effect of this 
section for two or three years shall not be interfered with 
by its passage. 

Sec. 1803. Said meeting for the first election of directors 
Meeting for. shall organize by appointing a president and secretary, who 
shall act as judges of the election and issue a certificate of 
election to the persons elected. 

Sec. 1804. The organization of such independent dis- 
When organi- trict shall be completed on or before the fii'st day of August 
comp^^eted : t)f the year in which such organization is attempted, and 
disposition of ^s^hen such organization is thus completed, all taxes levied 
by the board of directors of the district township of which 
the independent district formed a part in that yeaj', shall be 
void so far as the property within the limits of the inde- 
pendent district is concerned; and the board of du-ectors of 
such independent district shall levy all necessary taxes for 
school purposes as pi'ovided by law for that year at a meet- 
ing called for that purpose, at any time before the third 
Monday of August of that year, which shall be certified to 
the board of supervisors on or before the first Monday of 
September, and said board of supervisors shall levy said 
tax at the time and in the manner that school taxes are re- 
quired to be levied in other districts. 

Sec. 1805. In case such district is formed of parts of 

wiien formed two or more civil townships in the same or adjoining coun- 

twoTown- ties, the duty of giving the notice shall devolve upon the 

ships. board of directors of the township in which a majority of 

the legal voters of the contemplated district reside. 

Sec. 1806. Said district may have as many schools, and 
Number of be divided into such wards or other sub-divisions for school 
purposes, as the board of dii'ectors may deem proper; and 
shall be governed by the laws enacted for the regulation of 
district townships, so far as the same may be applicable. 

Sec. 1807. It shall be lawful for the electors of any in- 
dependent district, at the annual meeting of such district, 

(e) All proceedings connected with the organization of the 
district, should be recorded by the secrttary in the records of the 
district, so that the facts concerning its formation and orga-niza- 
tion may be readily obtained in case the validity ol the proceed- 
ings should ever be questioned. 

Ssc. 1804. When a new independent district is organized, as 
provided by this section, che board of directors have authority 
to determine and certify all necessary taxes, for school pur]ioses, 
for that year, including school-house taxes. 

Sec. 1807. The power to vote school-house taxes belongs ex- 
clusively to the electors. The amount deemed necessary, and not 



sctiools in. 



SCHOOL LAWS OF IOWA. 49 

to vote a tax, not exceeding ten mills on the dollar in any Schooi-house 
one year, en the taxable property of such district, as the by^Iectors?'^ 
meeting may deem sufficient for the purchase of grounds 
and the construction of the necessary school-houses for the 
use of such independent district, and for the payment of 
any debts contracted for the erection of such school-houses, 
and for procuring a library and apparatus for the use of the 
schools of such independent district. 

Sec. 1808. The annual meeting of all independent dis- ^^"/^^^ 
tricts shall be held on the second Monday in March for the 
transaction of the business of the district, and for the elec- 
tion by ballot of two directors, as the successors of the two 
whose term expires, who shall continue in office for three 
years; and the president, secretary, and one of the directors 
then in office shall act as judges of the election, and shall 
issue certificates of election to the persons elected for the 
ensuing term; provided^ that in all independent districts, 
having a population of less than five hundred, there shall 
be elected, annually, one director, who shall continue in of- 
fice for thi'ee years. 

Sbc. 1809. When an independent district has been Remainder a 

„ J ^^ --li i,-^ r,- 1, • district towu 

formed out of a civil township, or townships, as herein con- ship. 
templated, the remainder of such township, or of each of 
such townships, as the case may be, shall constitute a dis- 
trict township as provided in section seventeen hundred and 
thirteen of this chapter, and the boundaries between such 
district township and independent district may be changed. 



a certain number of mills on the dollar, should be voted. The 
sums necessary for the teachers' and contingent funds are deter- 
mined by the board of directors. 

Sec. 1808. (a) All vacancies which have occurred in the 
board, during the preceding year, should also be filled by elec- 
tion ; the persons so elected hold for the residue of the unexpired 
term ; all persons appointed to fill vacancies in office, hold until 
the next regular election. Constitution of Iowa, art. 11, sec. 6; 
also, sec. 785, Code. 

(6) The members elect enter upon their duties at the time of 
the regular meeting of the board, on the third Monday in March. 
For time and manner of choosing the officers of the board, see 
sections 1721, 1790, 1802, 1806, and notes. 

Sec. 1809. (a) The provisions of this section, relative to 
changing district boundaries, apply also to boundaries between 
adjoining independent districts. Sec. 1806. 

(6) The change of boundaries authorized by the provisions of 
this section may be made at any time of year. 

(c) Territory transferred from one district to another, carries 
with it an equitable proportion of the assets and liabilities of the 
7 



50 SCHOOL LAWS OF IOWA. 

or the independent district abandoned at any time, with 
the concurrence of their respective boards of directors. 
Sec, 1810. Incase an independent district embraces a 
When inde- part or the whole of a civil township which has no separate 
trlc^embraces district township Organization, upon the written application 
whole town- of two-thirds of the electors residing upon the territory of 
^^' ' such independent district and within such civil township 

to the board of directors, they shall set oif such territory, 
whether provided with school-houses or not, to be organ- 
ized as a district township in the manner provided for such 
organization when a new civil township is formed. 

Sec. 1811. Independent districts located contiguous to 
Districts may each Other, may unite and form one and the same independ- 
Reroi'™^'^' ent district, in the manner following: At the written re- 
'■'".',' f, ^ i quest of any ten legal voters residing in each of said inde- 
'^^^ 4l^'^K^ir>i!^^^^^^^ districts, their respective boards of directors shall 
^tfa^^^^^^f'^^^^^^^^^ ^^®^^ secretaries to give at least ten days' notice of 
i/iW-d-Tifliit^^' *^® time and place for a meeting of the electors residing in 
/// 'liHU 1^"^^ ■ ^'''If'^^^ districts, by posting written notices in at least live 
iMi/ 1 Jj/ I 7 'public places in each of said districts, at which meetings 
the said electors shall vote by ballot for or against a con- 
solidated organization of said independent districts; and if 
a majority of the votes cast at the election in each district,'' 
shall be in favor of uniting said districts, then the secreta- 
ries shall give similar notice of a meeting of the electors 
as provided for by the law for the organization of independ- 
ent districts. The independent district thus consolidated 
shall be completed, and its directors governed by the same 
provisions of the law which apply to other independent dis- 
iricts. ' 

Sec. 1812. Where, under the school laws of the state 
School dis- heretofore in force for the convenience and accommoda- 
two^courSfes'^ tion of the people, school districts were formed of portions 
fofme^d Into ®^ ^^° counties of territory lying contiguous to each other, 
independent at the written request of five legal voters residing in por- 
distnct. tions of said territory in each county, the board of directors 

of the district township to which such territory belongs, 



district from which it is taken ; the district to which it is trans- 
ferred, becomes responsible for such liabilities. 

Sec 1812. This section applies only to "school districts," 
formed from territory lying in two counties, prior to 1858, which 
became sub-districts upon the adoption of the district township 
system and still remain sub-districts. The words "scnool' dis- 
tricts" do not mean sub-districts. The only school districts legal- 
ly formed from such territory since 1858 are independent dis- 
tricts. 

The language of the last clause is construed to mean that the 
said board shall proceed io call an election in the independent dis- 
trict for the election of officers, as provided by section 1802. 



SCHOOL LAWS OF IOWA. 51 

having a majority of the legal voters, shall fix the boundaries 
of an independent school district composed of such sections 
of land, or portions thereof, as may be described in the 
petition therefor, and shall give at least ten days' notice of 
the submission of the question of the formation of said 
independent district, at a special election for said purpose, 
specifying the boundaries of the district, the time and 
place of the meeting of the electors for such election, at 
which meeting the electors in the contemplated dis- 
trict shall vote by ballot for or against the separate or- 
ganization. Should a majority of the votes be cast in favor 
of such separate organization, the said board of directors 
shall proceed by ballot to elect officers in the manner pro- 
vided by law, and organize such independent district. 

Sec. 1813. The boards of directors of the several inde- Detailed 
pendent school districts are hereby required to publish, two receipts^and 
weeks before the annual school election in such district, by l^f!i!F^®"^ 

. .„ 1 T u J ments pub- 

publication m one or more newspapers, it any are published lished. 
in such district, or by posting up in writing in not less than 
three conspicuous places in such independent district, a de- 
tailed and specific statement of the receipts and disburse- 
ments of all funds expended for school and building pur- 
poses for the year preceding such annual election. And 
the said boards of directors shall also, at the same time, 
publish in detail an estimate of the several amounts which, 
in the judgment of such board, are necessary to maintain 
the schools in such district for the next succeeding school 
year; and failure to comply with the provisions of this sec- 
tion shall make each director liable to a penalty of ten dol- 
lars. 

Sec. 1814. Township districts may be consolidated and 
organized as independent districts, in the following manner: 



Sec. 1813. This statement should show the total receipts and 
expenditures for each fund, followed by an estimate of the 
amount required for each fund to maintain the schools for the 
ensuing year. The "detailed and specific statement of the re- 
ceipts and disbursements of all funds expended," should be 
sufficiently itemized to show the amount received from each 
separate source ; also the amount expended for each particular 
purpose. 

Sec. 1814 (a)" Any district township may organize under the 
provisions of this section into a single independent district, em- 
bracing the whole township. 

The vote may be ordered at any regular or special meeting of 
the board and submitted to the electors at any time of year, but 
if carried in the affirmative, does not take effect until the second 
Monday in March following, when the directors are elected. 

(b) By adopting the independent district system there will be 



52 



SCHOOL LAWS OF IOWA. 



Districts con- Whenever the board of directors of any existing district 
organiz^ed^as; townsMp shall deem the same advisable, and also whenever 
dist1ncts*^^°*^ requested to do so by a petition signed by one-third of the 
voters of the district township, the board shall submit to 
the voters of said district township, at a regular election, 
or one called for the purpose, the question of consolidation, 
al which election the voters of the district township shall 
vote for or against consolidation. If a majority of votes 
shall be in favor of such consolidated organization, such 
district township shall organize on the second Monday of 
March following as an independent district; provided, that 
in townships which have been divided into independent dis- 
tricts, the duties in this section devolving on the board of 
directors shall be performed by the trustees of the township 
to whom the petition shall in such cases be addressed; and 
provided further, that nothing in this section shall be con- 
strued to affect independent districts composed wholly or 
mainly of cities or incorporated towns. Independent dis- 
tricts may in like manner change their boundaries so as to 
form any number of districts less than the number of dis- 
tricts existing at the time such change is asked for, and 
such changes shall be specified in the notices for a vote 
thereon. 

Sec. 1815. (As amended by Chapter 155, Laws of 1876.) 
The independent districts of a civil township may be con- 



District 

township 
may be re- 
organized 



but six directors in any case, and but three where the township 
contains less than five hundred inhabitants. At the first election 
the whole number are elected, and divided by lot into three 
classes; after which, one or two directors only will be elected 
annually. 

(c) When independent districts have been formed from the 
sub-districts of a township, they may also, under the provisions 
of this section, unite into one independent district. In this case, 
the petition of one-third of the electors in the township should 
be presented to the township trustees, whose duty it is to call the 
meeting to vote on the question of consolidated organization. 

(d) The plan of making each civil township an independent 
district, governed by a board of directors, chosen from the town- 
ship at large, is, in many respects, the best system yet devised. 
It reduces the number of school officers, provides for gradual 
changes in the board, secures uniform taxation for the support of 
schools throughout the township, encourages the establishment of 
graded schools for advanced pupils, and tends to the selection of 
teachers according to the qualifications and work required in 
each particular case. 

Sec 1815. (a) The provisions of sections 1815, 1816, 1817, 1818, 
1819, and 1820, were amended, to take efi"ect July 4, 1876, since 
which date said sections, as they appear in the code of 1873, and 



SCHOOL LAWS OF IOWA. 53 

Btituted a district township in the manner hereinafter pro- 
vided. 

Sec. 1816. (As amended by Chapter 155, Laws of 1876.) Questipn of 
At the written request of one-third of the legal voters organization 
residing in any civil township, which is divided into inde- ^°^| submit- 
pendent districts, the township trustees shall call a meeting ors. 
of the qualified electors of such civil township at the usual 
place of holding the township election, by giving at least 
ten days' notice thereof, by posting three written notices in 
each independent district in the township, and by publica- 
tion in a newspaper if one be published in such township, 
at which meeting the said electors shall vote by ballot for 
or against a district township organization. 

Sec. 1817. (As amended by Chapter 155, Laws of 1876.) J'ub districts 
If a majority of the votes cast at such election be in favor when.^^^'^' 
of such district township organization, each independent 
district shall become a sub-district of the district township, 
and shall organize as such sub-district on the first Monday 
in March following, by the election of a sub-director. 

in the School Laws of 1874, are wholly repealed, being replaced 
by the corresponding sections as herein amended. 

(6) The electors of any civil township which has adopted the 
independent district organization, may vote upon the question of 
returning to the district township organization, under the pro- 
visions of sections ]815-1820 as amended. 

(c) A single independent district embracing the whole of the 
civil township may be formed under the provisions of section 
1814; a system possessing many advantages over any other, in 
simplicity of organization, permanency of officers, uniformity of 
taxation, and economy of management. 

Sec. 1816. (a) The petition provided for in this section may 
be presented to the trustees and the vote ordered at any time of 
year. 

(&) The meeting held to determine- the question of district 
township organization is a township meeting ; if the vote is in 
the affirmative, each and every independent district in the town- • 
ship , except those composed of cities and incorporated towns, be- 
comes a sub-district of the district township. 

(c) The township trustees may act as judges of this election ; 
in their absence the electors assembled may choose a chairman 
and one or two secretaries to act as judges. The polls should be 
kept open from 9 a. m. till 4 p. m. Note (e) section 18(71. 

Sec 1817. The board of directors of each independent dis- 
trict will continue to act, until the third Monday in March fol- 
lowing the election, at which time a full statement of all assets 
and liabilities of the district should be reported to the board of 
directors of the district township when organized. 



54 SCHOOL LAWS OF IOWA. 

Sec. 1818. (As amended by Chapter 155, Laws of 1876.) 
Sut>-directors Each sub-district so formed shall hold a meeting on the 
elected. gj,^^ Monday in March for the election of a sub-director ; 

five days' notice of which meeting shall be given by the 
secretary of the old independent district, by posting written 
notices in three public places in each district, which notices 
shall state the hour and place of the meeting. 

Sec. 1819, (As amended by Chapter 155, Laws of 1876.) 
Governed as District town ships organized under the provisions of the 
tri^ts^'^^^" preceding four sections shall be governed and treated in all 
respects as other district townships ; provided^ that noth- 
ing in this act shall be construed to affect independent dis- 
ti'icts composed wholly or mainly of cities or incorporated 
towns. 

Sbc. 1820. (As amended by Chapter 155, Laws of 1876.) 
Board to or- When any district township is organized under the provis- 
ganize, when. -^^^^ ^^ ^^ preceding five sections, the sub-directors shall 
organize as a board of directors on the third Monday in 
March, and make an equitable settlement of the then exist- 
ing assets and liabilities of the several independent districts. 
Sec. 1821. (As amended by Chapter 121, Laws of 1876.) 
ind. dists. Independent school districts shall have the power and au- 

may issue -x. K ^ x. f ^.x c :i • 

bonds to bor- thority to borrow money tor the purpose oi redeemmg 
iiinit^°^^^' outstanding bonds and erecting and completing school- 
, ^ houses, by issuing negotiable bonds of the independent dis- 
Jjlrv (^^ ^ «•** ^'^'^ trict, to run any period not exceeding ten years, drawing a 
^-L-t-uA W'^ **^ '*^*' rate of interest not to exceed ten per centum per annum, 
i^ft/'«/ri''Vvvt(XXl«*Vvtyt,vvrhich interest may be paid semi annually, which said in- 
W l%*'*^--- ''^X^^ debtedness shall be binding and obligatory on the inde- 
■Jf ' 

Sec. 1818. For powers and duties of this meeting see sections 
1718 and 1719, and notes. 

Sec. 1819. (a) Upon the organization of the district town- 
ship, the secretary should file with the county auditor and treas- 
urer a certified plat of the district, and report to the county su- 
perintendent, auditor, and treasurer, the name and address of 
each officer of the board. 

(6) The district township meeting should be held on the sec- 
ond Monday in March, for the purpose of voting the necessary 
school-house taxes, as provided in section L717. 

Sec 1820. (a) Between the time of the election provided 
for in section 1816, and the third Monday in March following, 
the boards of directors of the several independent districts, have 
authority to perform all necessary acts relating to the aff'airs of 
their districts; but they cannot legally incur any indebtedness 
nor make any contracts, except such as may be necessary to 
maintain the usual schools of their districts. 

(6) The district township receives all the assets and assumes 
all the liabilities of the several independent districts. In case 



SCHOOL LAWS OF IOWA. 55 

pendent district for the use of which said loan shall be made; 
but no district shall permit a greater outstanding indebted- 
ness than an amount equal to five per centum of the last 
assessed value of the property of the district. 

Sec. 1822. The directors of the independent district may Question to 
submit to the voters of their district at the annual or a epe- to eiect'ors!'^'^ 
cial meeting the question of issuing bonds as contemplated 
by the preceding section, giving the same notice of such 
meeting as is now required by law to be given for the elec- 
tion of officers of such districts, and the amount proposed 
to be raised by the sale of such bonds, which question shall 
be voted upon by the electors, and if a majority of all the 
votes cast on that question be in favor of such loan, then 
said board shall issue bonds to the amount voted, in denom- 
inations of not less than twenty-five dollars, nor exceeding 
one thousand dollars, due not more than ten years after 
date, and payable at the pleasure of the district at any time 
before due, which said bonds shall be given in the name of 
the independent district issuing them, and shall be signed by 
the president of the board, and delivered to the treasurer, 
taking his receipt therefor, who shall negotiate said bonds 
at not less than their par value, and countersign the same 
when negotiated. The treasurer shall stand charged upon 
his official bond 'with all bonds that may be delivered to 
him; but any bond or bonds not negotiated may be returned 
by him to the board. 

Se-c. 1823. If the electors of an independent school dis- Tasfor, voted 
trict which has issued bonds shall, at the annual meeting in electors fai], 
March for any year, fail to vote sufficient school-house tax. 
to raise a sum equal to the interest on the outstanding bonds 
which will accrue during the then coming year, and such 
proportionate portion of the principal as will liquidate and 
pay ofi" said bonds at maturity, then it shall be lawful for 
the board of such district to vote a sufficient rate on the 
taxable property of the district to pay such interest, and 
such proportionate portion of the principal as will pay said 
bonds in full by the time of their maturity, and shall cause 
the same to be certified and collected the same as other 
school taxes. 

Sec. 1824. All school orders shall draw lawful interest Orders to bear 
after having been presented to the treasurer of the district, gs^ ^ 



an independent district has issued bonds or otherwise incurred 
an indebtedness for the erection of a school-house, the board of 
directors of the district township have authority to apportion 
school-house taxes for the payment of such indebtedness from 
time to time as justice and equity may require. 

Sec' 1824. The board may authorize the payment of interest 
not exceeding ten per cent. If no rate is specified in the order, 
it will draw six per cent. Interest can be paid on an order only 



56 



SCHOOL LAWS OF IOWA. 



and not paid for want of funds, which fact shall be endorsed 
upon the order by the treasurer. 

SCHOOL HOUSE SITE^, 



Districts may 
take real 
estate for. 



Site of. 



May con- 
demn. 



County super- 
intendent to 
appoint ap- 
praisers. 
Oath of. 



To assess 
damages. 



Notice to 
owner. 



Sec. 1825. It shall be lawful for any district township 
or independent district to take and hold under the provis- 
ions contained in this chapter, so much real estate as may 
be necessary for the location and construction of a school- 
house and convenient use of the school; provided that 
the real estate so taken, otherwise than by the consent of 
the owner or owners, shall not exceed one acre. 

Sec. 1826, The site so taken must be on some public 
highway, at least forty rods from any residence, the owner 
whereof objects to its being placed nearer, and not in any 
orchard, garden, or public park. But this section shall not 
apply to any incorporated town. 

Sec. 1827. If the owner of any such real estate refuse 
or neglect to grant the site on his premises, or if such owner 
cannot be found, the county superintendent of the county 
in which said real estate may be situated, shall, upon ap- 
plication of either party, appoint three disinterested per- 
sons of said county, unless a smaller number is agreed upon 
by the parties, who shall, after taking an oath to faithfully 
and impartially discharge the duties imposed on them by 
this chapter, inspect said real estate and assess the damages 
which said owner will sustain by appropriation of his land 
for the use of said house and school, said county superin- 
tendent giving to the owner of such real estate the same 
notice as is required for the commencement of a suit at law 
in the district court, of the time of such assessment of dam- 



from the date of its presentation, whether the rate is specified in 
the order or not. 

Sec. 1826. (a) All sites, except in incorporated towns, must 
be located on a public road, and at least fortj' rods from any resi- 
dence, the owner whereof objects to its being placed nearer, 
whether obtained by purchase or under the provisions of section 
1827. 

(fc) Property encumbered, occupied as a homestead, or belong- 
ing to minor heirs, or the public domain, may be taken under 
the provisions of this section. 

Sec 1727. (a) If personal service cannot be made, as pro- 
vided by sections 2601-2610, Code, the notice must be published 
four consecutive weeks, previous to the appraisement, in a news- 
paper, sections 2618-2620, Code. 

(6) The appraisers are entitled to two dollars for each day's 
service, and ten cents per mile from their residence to the loca- 
tion of the property appraised. Sections 3811-3813, Code. 



SCHOOL L^WS OF IOWA. 



57 



age, and make a report in writing to the county superintend- 
ent of said county, giving the amount of damages, descrip- 
tion of land, and exact location, who shall file and preserve 
the same in his office. If said board shall, at any time Deposit of 
before they enter upon said land, for the purpose of build- sum assessed. 
ing said house, deposit with the county treasurer for the use 
of said owner, the sum so assessed as aforesaid, they shall 
be thereby authorized to build said house, and maintain the 
right to said premises ; provided^ that either party may 
have the right to appeal from such assessment of damages Appeal, 
to the circuit court of the county where such real estate is 
situated within twenty days after receiving notice that such 
assessment is made, which appeal shall be final ; but such 
appeal shall not delay the prosecution of work upon said 
house, if said board shall pay, or deposit with the county 
treasurer, the amount so assessed by such appraisers, and in 
no case shall said board be liable for costs on appeal, unless 
the owner of said real estate shall be adjudged a greater 
amount of damages than was awarded by said appraisers. 
The board shall in all cases pay costs of the first assess- costs. 
ment. 

Sbc. 1828. The title acquired by said school districts in pqj, ggjjQQj 
and to said real property, shall be for school purposes only, purposes 
and, in case the same should cease to be used for said pur- title "reverts. 
pose for the space of two years, then the title shall revert 
to the owner of the fee, upon the repayment by him of the 
principal amount paid for said land by said districts without 
interest, together with the value of any improvements 
thereon erected by said districts; provided, that during the 
time said site is used for school purposes, the owners of the 
fee shall not injure, or remove the timber standing and Timber on. 
growing thereon. 

APPEALS. 

Skctioist 1829. Any person aggrieved by any decision or To county su- 
order of the district board of directors, in matter of law or ^^"^ ^ ®^ ^"*' 

(c) The county superintendent should, uxjon receipt of the 
report of appraisement, send certified copies of the same to the 
board of directors and to the owner of the land. 

Skc. 1828. No deed or other instrument from the owner is re- 
quired to authorize the district to occupy the land for school 
purposes. The proceedings should be recorded in full by the dis- 
trict secretary. 

Sec. 1829. (a) The right to appeal is limited to persons "ag- 
grieved" or injuriously affected by the decision or order com- 
plained of. 

{h) After the expiration of thirty days the county superin- 
tendent cannot entertain an appeal. 



58 SCHOOL LAWS OF IOWA. 

of fact, may, within thirty days after the rendition of such 
decision, or the making of such order, appeal therefrom to 
the county superintendent of the proper county. 

Sec. 1830. The basis of the proceeding shall be an affi- 
Basisof. davit, filed by the party aggrieved with the county superin- 

tendent, within the time for taking the appeal. 

Sec. 1831. The affidavit shall set forth the errors corn- 
Errors stated, plained of in a plain and concise manner. 

Sec. 1832. The county superintendent shall, within five 
Superintend- days after the filing of such affidavit in his office, notify the 
secretary of"^ Secretary of the proper district, in writing, of the taking of 
district : duty such appeal. And the latter shall, within ten days after 
^ ' being thus notified, file in the office of the county superin- 

tendent a complete transcript of the record and proceedings 

(c) All the decisions or orders of the board of directors are 
subject to revision on appeal; when the act complained of is of a 
discretionary character, the action of the board should be sustained 
unless it is clearly shown that the board violated law, abused its 
discretion, or acted with manifest injustice. Edwards v. District 
Township of West Point, School Law Decisions, 1876. 

Sec 1830. An affidavit is a written declaration under oath, 
made without notice to the adverse party. Sec. 3089, Code. It 
must be sworn to before some officer authorized to administer 
oaths. A county superintendent can have no jurisdiction of an 
appeal case until tuch affidavit has been iiled. A notice of inten- 
tion to file an affidavit, a verbal complaint, or a petition, is not 
sufficient to give the county superintendent jurisdiction in appeal 
cases. 

Sec. 1831. (a) The affidavit should contain, first, a statement 
of the decision complained of, and its date; second, a statement 
of the facts showing that the appellant has an interest in the 
decision and is injuriously affected by it ; third, the assignment 
of errors. See Form Ko. 46. 

This affidavit being the first paper filed, care should be taken 
that the case therein be properly entitled; this title should be 
preserved throughout the further progress of the appeal. 

(6) The date of filing should be indorsed upon the affidavit 
by the superintendent. 

Sec. 1832. (a) The notice should describe the decision or 
order appealed from, so that it may be identified, and should 
require the district secretary to file the transcript with the super- 
intendent within the time specified. The notice may be served 
personally, or sent by mail. 

{h) The secretary shall make and forward a transcript or copy 
of the record of all actions of the board relating to the decision 
or order appealed from, also of all petitions, remonstrances' 



SCHOOL LAWS OF IOWA. - 59 

relating to the decision complained of, which transcript 
shall be certified to be correct by the secretary. 

Sec. 1833, After the filing of the transcript aforesaid in Parties noti- 
his ofiUce, he shall notifiy in writing all persons adversely 
interested of the time and place where the matter of the 
appeal will be heard by him. 

Sec, 1834, At the time thus fixed for hearing, he shall Hearing: take 
hear testimony for either party, and for that purpose may administer 
administer oaths if necessary, and he shall make such decis- oattis. 



plats, and papers pertaining thereto. The original papers must 
be preserved with the district records. 

Sec. 1833. Notice of the time and place of hearing should be 
given to the appellant, to the secretary of the board, and to all 
other persons known to be interested. The notices may be served 
personally or sent by mail. 

Sec. 1834. (a) C mnty superintendents, in entertaining and 
determining cases appealed from boards of school directors, are 
not invested with judicial powers. District Township of Sioux 
City V. Pratt, 17 Iowa, 16. While, according to this decision, the 
superintendent is not a court in the strict sense of the term, he is 
required to administer oaths, to hear evidence on both sides, and 
to render a just and equitable decision. And while mere techni- 
calities should not be permitted to prevent the attainment of 
justice, it is not inappropriate that the superintendent should be 
governed by the same rules, as to evidence and practice which • 
ordinarily obtain in courts. 

(6) The docket or minutes of the superintendent should com- 
mence by noting the filing of the appellant's affidavit. He will 
afterwards, as the acts transpire, note the sending of the notice 
of appeal to the district secretary, the filing of the transcript, the 
sending of notices of the hearing, and any adjournment of the 
case that may be granted. At the trial he will carefully note 
down the names of all parties appearing and- their post office 
address, and whether they appear for or against the appeal ; also 
the filing of all papers and names of witnesses, and in whose 
behalf such papers or witnesses are introduced. The decision 
of the superintendent will form an appropriate close of his min- 
utes. 

(c) All testimony must be given under oath, and the substance 
reduced to writing at the time, by the county superintendent. It 
is of the first importance that the record of the testimony be full 
and accurate, as the decision of the county superintendent, also 
of the superintendent of public instruction, in case the appeal is 
carried up, must be based upon the record of evidence introduced. 



60 SCHOOL LAWS OF IOWA. 

ion as may be just and equitable, which shall be final, unless 
appealed from as hereinafter provided. 

Sec. 1835. An appeal may be taken from the decision 
Appeal to su- of the county superintendent, to the superintendent of pub- 
of public In- lie instruction in the same manner as provided in this chap- 
struction, ^er for taking appeals from the district board to the county 
superintendent, as nearly as applicable, except that he shall 
give thirty days' notice of the appeal to the county super- 
intendent, and the like notice shall be given the adverse 
party. And the decision when made shall be final. 



This testimony should be preserved with the other papers of the 
case. 

Sec. 1835. (a) Appeals to the superintendent of public in- 
struction are conducted in the same manner, and governed by 
the same rules, so far as applicable, as appeals to county superin- 
tendents. The basis of the appeal must be an affidavit filed in 
the ofiice of the superintendent of public instruction, within 
thirty days from the date of the decision appealed from. For 
form and contents of the affidavit, see notes to section 1830-1. 

Upon the filing of such an affidavit the superintendent of pub- 
lic instruction will notify the county superintendent to forward 
a transcript of the papers in the case within thirty days. The 
original papers must be preserved upon file in the county super- 
intendent's office. Upon the filing of the transcript, thirty days 
notice of the time set for hearing will be given to all parties 
interested. 

(b) At the hearing, parties interested may appear personally 
or by attorney, and argue their cases orally, if they desire ; or 
they may send written arguments. The records of the case in 
the county superintendent's office will furnish the data required 
for these arguments. The records of cases in the offices of county 
superintendents, which are public records, and should be open as 
such to examination by all parties interested, will furnish all 
needed data where access to the transcript sent up is incon- 
venient. The superintendent of public instruction will not hear 
original testimony in the cases submitted to him. 

(c) Any person aggrieved by an action of the county superin- 
tendent in refusing to grant a certificate or in revoking the same, 
may apply to him for a rehearing ; the proceedings to correspond 
as nearly as possible to the proceedings in the case of an appeal 
from a board of directors. If any party is aggiieved by the 
result of this investigation, an appeal may be taken therefrom to 
the superintendent of public instruction. See opinion of attor- 
ney general. School Journal for June, 1867, also, Dougherty v. Tracy, 
School Law Decisions, 1876. 



SCHOOL LAWS OF IOWA. 



61 



Sec. 1836. Nothing in this chapter shall be so construed ^^^ money: 
as to authorize either the county or state superintendent to renlei-ed^: 
render a judgment for money, neither shall they be allowed postage. 
any other compensation than is now allowed by law. All 
necessary postage must first be paid by the party aggrieved. 



. SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Sec. 1577. The superintendent of public instruction Duties, 
shall be charged with the general supervision of all the 
county superintendents and all the common schools of the 
state. He may meet county superintendents in convention 
at such points in the state as he may deem most suitable for 
the purpose, and by explanation and discussion endeavor 
to secure a more uniform and efficient administration of 
school laws. He shall attend teachers' institutes in the ,^Lot, O^A^^'^&^<l») 
several counties of the state as far as may be consistent a-^c 'c " ' " -^""s 
with the discharge of other duties imposed by law, and as- 
sist by lecture or otherwise in their instruction and manage- 
ment. He shall render a written opinion to any school 
officer asking it, touching the exposition or administration 
of any school law, and shall determine all cases appealed 
from the decision of county superintendents. 

Sec. 1578. An office shall be provided for him at the Office to file 
seat of government, in which he shall file all papers, reports, document^. 
and public documents, transmitted to him by the county 
superintendents, each year, separately, and hold the same 
in readiness to be exhibited to the governor, or to a com- 
mittee of either house of the general assembly, at any time 
when required ; and he shall keep a fair record of all matters 
pertaining to his office. 

Sec. 1579. He shall, if deemed necessary, have published ^mend^ 
after adjournment of each regular session of the general to school law; 
assembly, a sufficient number of copies of all amendments tmcate^s^^'^' 
to the school laws passed at such session, to furnish each 
school officer in this state with a copy thereof. Appropriate 
references shall be made to the previous law that has been 
amended or changed so as to clearly indicate the effect of 
such amendments or changes. He shall also prepare and 
cause to be distributed to the several county superintendents, 
a form of certificate in blank to be granted to teachers, also 
all other blank forms necessary to be used in carrying out 
the school laws. 

Sec. 1580. For indexing and distributing the school Traveling 
laws, and for the expense of traveling required by section ' P ^^ ^" 
one thousand five hundred and seventy-seven of this chap- 
ter, the superintendent shall receive five hundred dollars 
per annum, for which warrants shall be drawn on his order 
by the auditor of state. 

Sec. 1581. He may, if he deem it expedient, subscribe Maysub- 
for a sufficient number of the Ic wa School Journal, or of x'^^a^g^o 
such other educational journal published in the state, as he Journal, 
may select, to furnish each county superintendent with one 



62 



SCHOOL LAWS OF IOWA. 



Report to 
auditor of 
state. 



Keport to 
each regular 
session of gen^ 
eral assem- 
bly. 



May appoint 
teachers'" in- 
stitute : ap- 
propriation 
for. 



copy, and his certificate of having thus subscribed, shall be 
authority for the auditor of state to issue his warrant for 
the amount of said snhscriptions; provided, he shall cause 
to be inserted in the journal he may so select a correct copy 
of any decision he may deem it necessary to make for the 
efficient carrying out of the school law. 

Sec. 1582. He shall annually, on the first day of Janu- 
ary, report to the auditor of state, the number of persons 
in each county between the ages of five and twenty-one 
years. 

Sicc. 1583. He shall make a report to the general as- 
sembly at each regular session thereof, which shall embrace, 
first, a statement of the condition of the common schools 
of the state; the number of district townships and sub-dis- 
tricts therein; the number of teachers; the number of 
schools; the number of school-houses, and the value there- 
of; the number of persons between five and twenty-one 
years of age; the number of scholars in each county that 
have attended school the previous year, as returned by the 
several county superintendents; the number of books in 
the district libraries; and the value of all apparatus in the 
schools, and such other statistical information as he may 
deem important. Second, such plans as he may have ma- 
tured for the more perfect organization and efficiency of 
common schools. He shall cause one thousand copies of 
his report to be printed, and shall present it to the general 
assembly on the second day of its session. 

Skc. 1584. Whenever reasonable assurance shall be 
given by the county superintendent of any county to the 
superintendent of public instruction, that not less than 
twenty teachers desire to assemble for the purpose of hold- 
ing a teachers' institute in said county, to remain in session 
not less than six working days, he shall appoint the time 
and place of said meeting, and give due notice thereof to 
the county superintendent; and for the purpose of defraying 
the expenses of said institute there is hereby appropriated 
out of any moneys in the state treasury not otherwise appro- 
priated, a sum not exceeding fifty dollars annually for one 
such institute in each county held as aforesaid, which the 
said superintendent shall immediately transmit to the coun- 
ty superintendent in whose county the institute shall be 
held, who shall therewith defray the necessary expenses of 
the institute, and, if any balance remains, he shall pay the 
same into the county treasury and the same shall be credit- 
ed to the teachers' fund. 



STATE ITKIVBRSITY. 



OVjjectsof: 
course of 
study in. 



Section 1585. The objects of the state university, es- 
tablished by the constitution at Iowa City, shall be to pro- 
vide the best and most efficient means of imparting to young 
men and women on equal terms, a liberal education and 



SCHOOL LAWS OF IOWA. 



63 



thorough knowledge of the different branches of literature, 
the arts and sciences, with their varied applications. The 
university, so far as practicable, shall begin the courses of 
study in its collegiate and scientific departments, at the 
points where the same are completed in high schools; 
and no student shall be admitted who has not previously 
completed the elementary studies, in such branches as are 
taught in the common schools throughout the state. 

Sbc. 1586. The university shall never be under the ex- control of. 
elusive control of any religious denomination whatever. 

Sec. 1587. (As amended by Chapter 147, Laws of ?°"^^''^!^ i^y 

'-^t.™\ mi • • 1111 ^ -, ■. ■. , board Of 

1876.) Ihe university shall be governed by a board regents. 
of regents, consisting of the governor of ti'.e state, who 
shall be president of the board by virtue of his office, the 
superintendent of public instruction, who shall be a mem- 
ber by virtue of his office, and the president of the univer- 
sity, who shall also be a member by virtue of his office, 
i together with one person from each congressional district 
Vjof the state, who shall be elected by the general assembly. 

* * * * * * 44- 

Sec. 1589. The university shall include a collegiate. May purchase 
scientific, normal, law, and such other departments, with iib?|ry*^tc 
su<;h courses of instruction and elective studies as the board 
of regents may determine; and the board shall have author- 
ity to confer such degrees, and grant such diplomas and 
other marks of distinction as &.re usually conferred and 

granted by other universities. 

* ***** * 

Sec. 1596. The board of regents shall enact laws for the Regents to 
government of the university, and shall appoint a president apP9J.^ta 
and the requisite number of professors and tutors, together professors, 
with such other officers as they .may deem expedient, and pensauon^of 
shall determine the salaries of such officers, the compensation officers. 
of the secretary and treasurer, and the amount of fees to 
be paid for tuition. They shall remove any officer con- 
nected with the university, when, in their judgment, the 
good of the institution requires it. 

Sec. 1597. The board of regents is authorized to expend Purchase ap- 
such portion of the income of the university fund as it may ubrary%tc. 
deem expedient, in the purchase of apparatus, library, and 
a cabinet of natural history, in providing suitable means to 
keep and preserve the same, and in procuring all other 
necessary facilities for giving instruction. 

Sec. 1598. All specimens of natural history and areoloar- Cabinet of 
ical and mineralogical specimens, which are or hereafter tory. 
may be collected by the state geologist of Iowa, or by any 
others appointed by the state to investigate its natural his- 
tory and physical resources, shall belong to and be the 
property of the state university, and shall form a part of its 
cabinet of natural history, which shall be under the charge 
of the professor of that department. ****** 

Sec. 1600. The president of the university shall make a 



64 



SCHOOL LAWS OF IOWA. 



President re- report on the fifteenth day of September preceding the 
port to re- meeting of the general assembly, to the board of regents, 
gents. which shall exhibit the condition and progress of the insti- 

tution in its several departments, the different courses of 
study pursued therein, the branches taught, the means and 
methods of instruction adopted, the number of students, 
with their names, classes, and residences, and such other 
matters as he may deem proper to communicate. 

Sec. 160L The board of regents shall, on the first day 
of October preceding each regular meeting of the general 
assembly, make a report to the superintendent of public 
instruction, which report, with that of the president of the 
university, shall be embodied in the said superintendent's 
report to the general assembly. The report of the board of 
regents shall contain the number of professors, tutors, and 
other oflicers, with the compensation of each, the condition 
of the university fund, and the income received therefrom, 
the amount of expenditures, and the items thereof, with 
such other information and recommendations as they may 
deem expedient to lay before the general assembly. 



Regents to 
report to su- 
perintendent 
of public 
instruction. 



COUNTY HIGH SCHOOLS. 



Maybe 
established. 



Petition for 
election: no 
tioe pub- 
lished. 



Section 1697. Each county having a population of two 
thousand inhabitants or over, as shown by the last state or 
federal census, may establish a highschool on the conditions 
and in the manner hereinafter prescribed, for the purpose 
of affording better educational facilities for pupils more 
advanced than those attending district schools, and for 
persons desiring to fit themselves for the vocation of teach- 
ing. 

Sec. 1698. When one-third of the electors of a county, 
as shown by the returns of the last preceding election, shall 
" petition the board of supervisors requesting that a county 
high school be established in their county at the place in 
said petition named, then, or when said board in its dis- 
cretion shall deem proper, said board shall give twenty 
days' notice previous to the next general election, or previ- 
ous to a special election duly called for that purpose, that 
they will submit the question to the electors of said county 
whether such high school shall be established; at which 
election said electors shall vote by ballot, for or against 
establishing such county high school. The notice con- 
templated in this section shall be given through one or 
more newspapers published in eaid county, if any be pub- 
lished therein, and by at least one written or printed notice 
to be posted in each township. 

Sec. 1699. After said election, the ballots on said ques- 
votes can- tion shall be canvassed in the same manner as in the elec- 
tees a^' oint- ^io° ^^^ county officers; and if a majority of all the votes 
ed: quaiiflca- cast on said question shall be in favor of establishing said 
tion of. school, the board of supervisors shall immediately proceed 



SCHOOL LAWS OF IOWA. 



65 



to appoint six persons, who shall be residents of the county, 
but not more than two of whom shall be residents of the 
same township, who shall, with the county superintendent 
of common schools, constitute a board of trustees for said 
high school. Each of said trustees appointed as aforesaid 
shall hold his office until his successor is elected and quali- 
fied, and shall be required, within ten days after appoint- 
ment, to qualify by taking the oath of office, and giving . 
such bond as may be required by the said board of super- 
visors, for the faithful discharge of his duties. 

Sec. 1700. At the next general election after said appoint- Trustees 
ment, there shall be elected in said county six high school electionljf. 
trustees, who shall be divided into three classes of two each; 
each class to hold their office one, two, and three years, re- 
spectively, and their respective terms to be decided by lot. 
And each year thereafter there shall be two such trustees 
elected to succeed those whose terra is about to expire. 
And said trustees shall qualify and enter upon the duties of 
their office in the same manner, and at the same time as other 
county officers. 

Sec. 1701. The county superintendent shall, by virtue of County su- 
his office, be president of said board of trustees, and at their president o?'^ 
first meeting in each year, they shall appoint from their own board, 
number a secretary and treasurer, who shall perform the 
usual duties devolving upon such officers for the term of 
one year, or until their successors are appointed to take 
their places. 

Sec. 1702. At said meeting, or at some succeeding meet- Trustees to 
ing called for such purpose, said trustees shall make an ^^^®®Ai'' ^,. 

• r- ^ n f ^ t t /> i -i t mateoiiunds: 

estimate 01 the amount oi funds needed for building pur- tax for levied, 
poses, for payment of teachers' wages, and for contingent 
expenses, and they shall present to the board of supervisors 
a certified estimate of the rate of tax required to raise the 
amount desired for such purposes. But in no case shall the 
tax for such purposes exceed in one year the amount of five ^' 
mills on the dollar on the taxable property of the county, 
and, when the tax is levied for the payment of teachers' 
wages and contingent expenses only, shall not exceed two —— 
mills on the dollar. 

Sec. 1703. The said "tax shall be levied and collected in collected and 
the same manner as other county taxes, and when collected paid over. 
the county treasurer shall pay the same to the treasurer of 
the county high school, in the same manner that school funds 
are paid to the district treasurers as required by law. 

Sec. 1704. The said treasurer of the high school shall Treasurer of 
give such additional bond as the board of trustees may ^°^ j'! ^°. "^"^^ 
deem sufficient, and receive all moneys from the county counts kept. 
treasurer, and from other parties, that belong to the funds 
of said school, and pay the same out only by direction of 
the board of trustees, upon orders duly executed by the 
president, countersigned by the secretary thereof, stating 
the purj)ose for which they were drawn. Both the secre- 



66 



SCHOOL LAWS OF IOWA. 



tary and treasurer shall keep an accurate account of all 
moneys received and expended for said school; and at the 
close of each year, and as much oftener as required by the 
board, they shall make a full statement of the financial 
affairs of the school. 

Sec. 1705. The said board of trustees shall proceed as 

Trustees to soon as practicable, after their appointment as aforesaid, to 

punfiia^se^ma- select the best site, in accordance with the vote of the 

teriais: make county, that can be obtained without expense to the same, 

con rac s. ^^^ ^^^^ ^^^^^^ thereof shall be vested in said county. They 

shall then proceed to make such purchases of material, and 

to let such contracts for their necessary school buildings as 

they may deem proper, but shall not make any purchase or 

contract in any year to exceed the amount on hand, and to 

be raised by the levy of tax that year. 

Sec. 1Y06. When said board of trustees shall have fur- 
Trustees to nished a suitable building for the school, they shall employ 
^rs^schcfcfis^ some competent teacher to take charge of the same, and 
encouraged, furnish such assistant teachers as they deem necessary, and 
provide for the payment of their salaries. As far as prac- 
ticable, model schools shall be encouraged; and advanced 
students and those preparing to become teachers may be 
employed a portion of their time in teaching the younger 
pupils, in order that they may become familiar with the 
practice as well as theory of successful school teaching, and 
also avoid, as far as practicable, the expense of employing 
other assistant teachers. 

Sec. 1707. Tuition shall be free to all pupils of such 
Tuition free school residing in the county where the same is located, 
courfty^'tras- ^^® board of trustees, however, shall make such general 
tees to'ma^e rules and regulations as they deem proper in regard to age 
^"^^^" and grade of attainments essential to entitle pupils to ad- 

mission in the school. If there should be more applicants 
than can be accommodated at any time, each district shall 
be entitled to send its equal proportion of pupils, according 
to the number of pupils it may have, as shown by the last 
report to the county superintendent of common schools. 
And the boards of the respective school districts shall desig- 
nate such pupils as may attend. 

Sec. 1708. If, at any time, the school can accommodate 
Pupils from more pupils than apply for admission from that county, the 
admitted" *^^^ Vacancies may be tilled by applicants from other counties, 
upon the payment of such tuition as the board of trustees 
may prescribe; but at no time shall such pupils continue in 
said school to the exclusion of pupils belonging in the 
county in which such high school is situated. 

Sec. 1709. The principal of any such high school, with 

Tax levied to ^^^ approval of the board of trustees, shall make such rules 

support pau- and regulations as he deems proper, in regard to the studies, 

er comuy?'''^' conduct, and government of the pupils under his charge, 

and, if any such pupils will not conform to and obey the 

rules of the school, they may be suspended or expelled 

therefrom by the board of- trustees. 



SCHOOL LAWS OF IOWA. g7 

Sec. 1710. The said board of trustees shall annually Trustees to 
make a report to the board of supervisors of their county, pe^visor*: con 
which shall specify the number of students, both male and tents. 
female, who have been in attendance at the county high 
school during the year, the branches of learning taught, the 
text-books used, the number of teachers employed, the 
amount of salary paid to them, the amount expended for 
library and apparatus, and for buildings and all other ex- 
penses; also, the amount of funds on hand, debts unpaid, 
and other information deemed important or expedient to re- 
port. Said report shall be printed in at least one newspa- 
per in the county, if any is published therein, and a copy 
of the report shall be forwarded to the state superintendent 
of public instruction. 

Sec. 1711. The board of supervisors shall have power Vacancies in 
to fill any vacancy that may occur in the board of trustees by^s'upervis- 
of that county, by appointment, until the next general elec- o^^- 
tion, and a majority of such board of trustees shall be a 
quorum for the transaction of business. 

Sec. 1712. The board of supervisors may allow each Compensa- 
member of the board of trustees the sum of two dollars te^s/'^^^'^^" 
per day for the time actually employed in tha^ischarge of 
his ofiicial duties, and when such accounts are presented for 
payment, they shall be audited and paid out of the county 
treasury, in the same manner as other accounts against the 
county, and said trustees shall not be entitled to any further 
remuneration for services or expenses. 



68 SCHOOL LAWS OF IOWA. 



LAWS OF THE FIFTEENTH AND SIXTEENTH 
GENERAL ASSEMBLIES. 



CHAPTER 64, LAWS OF 1874. 



INDUSTRIAL EXPOSITIONS IN SCHOOLS, 

Section 1. It shall be the duty of the board of directors 
School direct- of independent school districts, and the sub-director of each 
t^biish^under sub-district, if they should deem it expedient, under the di- 
direction of rection of the county superintendent, to introduce and main- 
intendent^^^" ^^^^ ^^ industrial exposition in connection with each school 
under their control within this state. 

Sec. 2. These expositions shall consist of useful articles 
To consist of made by the pupils, such as samples of sewing, and cooking 
articles made, of all kinds, knitting, crocheting, and drawing, iron and 
grown by wood-work of all kinds, from a plain box or horseshoe to a 
pupils. house or steam engine in miniature; also, all other useful 

articles known to the industrial world, or that may be in- 
vented by the pupils, in connection with farm and garden 
products in their season, that are the results of their own 
toil. 

Sec. 3. The pupils be required to explain the use and 
Pupils to method of their work, and kind and process of culture of 
explain, farm and garden products. 

Sec. 4. The parents and friends of pupils be allowed 
Presence of ^^^ requested to be present at said expositions, 
parents and Sbc. 5. Ornamental work shall be encouraged when ac- 
Ornarnentai companied by something useful made by the same pupil, 
work. Sec, 6. These expositions be held in the school room 

To be held in ^^V^^ ^ school day as often as once a term, and not oftener 
school room; than once a month, 
how often. 



SCHOOL LAWS OF lOW V. 69 

CHAPTER 6Y, LAWS OF 1874. 

YOTING ON SCHOOL TAXES. 

Sectiok 1, All school districts lying in two adjoining J^o^g^^^^^^gg 
counties shall have the right to vote mills, instead of spe- may vote 
cific sums, for school purposes. ^iiooP'^ 

purposes. 

CHAPTER 129, LAWS OF 1876. 

STATE NORMAL AND TEAINING SCHOOL. 

Section 1. A school for the special instruction and train- Training 
ing of teachers for the common schools of this state is here- lished, cedar 
by established at Cedar Falls, in Black Hawk county. Fails. 

Sec. 2. The school shall be under the management and Controlled by 
control of a board of directors consisting of six members, reactors. 
no two of whom shall be from the same county. They How elected, 
shall be elected by the general assembly, two for two years, 
two for four years, and two for six years, and the general 
assembly shall elect two members of said board every two 
years, for the full term of six years as the term of office of 
the respective classes expire. Their term of office shall 
commence on the 1st day of June following their election. 
No member of the board shall be a teacher in the school or 
receive other compensation for his services than a re-im- Compensa- 
bursement of his actual expenses to be certified to by him 
and paid out of the state treasury. Any vacancy occurring 
in the board shall be filled by the appointment of the gov- 
ernor. 

Sec. 3. The board shall convene at the call of the super- Convene, 
intendent of public instruction on or before June 15, 1876, 
and having each qualified according to law, shall organize 
by the election of a president and vice-president from their Elect officers. 
number, and a secretary and a treasurer, who shall be per- 
sons not members of the board. The secretary shall receive 
such compensation as may be fixed by the board not to 
exceed the sum of one hundred dollars and actual traveling 
expenses. The treasurer shall receive re-imbursement of 
actual expenditures. 

Sec. 4. The board shall require a bond in the sum of J^^^^^^^^^ 
twenty thousand dollars of the treasurer with proper and ° 
sufficient sureties, conditional for the safe keeping of funds 
coming into his hands. He shall receive and disburse all 
moneys hereby appropriated, and any other funds as the 



70 



SCHOOL LAWS OF IOWA. 



Board to es- 
tablish school 
and employ 
teachers. 



Make rules 
for admission 
of pupils. 



Resquire fee 
for contin- 
gent expens- 



Trustees to 
transfer in- 
mates and 
deliver 
building. 



Directors to 
prepare build- 
ing and open 
school. 



board may provide. The board may require of any officer 
or employe who may be authorized to receive or pay out 
money a like bond. 

Sec. 5. It shall be the duty of the board, in every nec- 
essary manner with the means at their disposal, to provide 
for and carry out the object for which the school is estab- 
lished. For that purpose they shall employ competent and 
suitable teachers, and other employes. They shall direct 
use, and control all the property of the state coming into 
their hands for that purpose. They shall control and direct 
the expenditure of all moneys. They shall make all neces- 
sary rules for the management of the school and the gov- 
ernment thereof, and shall provide for the admission of pu- 
pils from the several counties of the state in proportion to 
their respective population and upon the appointment of re- 
spective boards of supervisors, or as the board may direct. 
They shall establish and publish uniform rules for the ad- 
mission of pupils thereto and such rules shall provide for 
equal rights in said school to all the teachers in the state, but 
they shall require in all cases satisfactory evidence of the 
good character of the pupil. They shall also further require 
all pupils upon their admission to the school to sign a state- 
ment of their intention in good faith to follow the business 
of teaching in the schools of the state. It shall also be the 
duty of the board to make all possible and necessary arrange- 
ments with the means at their disposal for the boarding and 
lodging of pupils, but the pupils shall pay the cost of the 
same. They shall require each pupil to pay a fee for con- 
tingent expenses amounting to not more than one dollar 
per month. The school shall be open during such part of 
the year as the board shall determine but the session shall 
continue at least twenty-six weeks. 

Sec. 6. At the close of the year, and on or before the 
first day of July, 1876, it shall be the duty of the board of 
trustees of the Iowa soldiers' orphans' home, to deliver over 
to the board of directors provided for herein, the buildings 
and grounds at Cedar Falls, Iowa, now occupied by said 
home, transferring for that purpose the inmates of said 
home to the home at Davenport. They shall also at the 
same time turn over in like manner all the personal property 
at said home at Cedar Falls, except such as is necessary for, 
and adapted to, the personal use of such inmates at Daven- 
port, and a careful inventory and appraisement thereof shall 
be made, and a proper voucher given therefor by said board 
of directors. 

Sec. 7. The board of directors shall at once proceed to 
make such improvements and changes in said buildings 
and grounds as may be necessary to adapt the same to the 
use of said school, but without greater expense to the state 
than is provided for in this act, and shall, on or before Sep- 
tember 10, 1876, open the same to the use and instruction 
of pupils. 



SCHOOL LAWS OF IOWA. 7]^ 

Skc. 8. In addition to the property, the use of which is Appropria- 
hei'eby set apart for the purposes of the school, the follow- 
ing sums are hereby appropriated for the establishment and 
maintenance thereof: 

For necessary improvement and repairs, three thousand 
dollars. 

For salaries of teachers and employes, ten thousand dol- 
lars. 

For contingent expenses, fifteen hundred dollars. 

The amount appropriated for repairs and improvements 
may be paid at any time, on the order of the board, the re- 
maining sums shall be paid in equal quarterly payments, 
commencing September 1, 1876. 

Sec. 9. The said board shall make, at the end of each school ^port^"^^"^^^ 
year, to the superintendent of public instruction, a detailed 
report of their proceedings during the year. Their report 
shall also contain the number of teachers employed in the 
school, with the compensation of each; the number of pu- 
pils, classified; the amount of receipts and expenditures and 
the items thereof, with such other information and recom- 
mendaions as they may deem expedient, which report shall 
be emtodied in the superintendent's report to the general 
assembly. 



CHAPTER 136, LAWS OF 18Y6. 

WOMEN ELIGIBLE TO SCHOOL OFFICES. 

Sectiok 1. No person shall be deemed ineligible by Sexnota test 
reason of sex, to any school office in the state of Iowa. to scifooi ^^*^ 

Sec. 2. No person who may have been or shall be elect- offip^l- . ^ 
ed or appointed to the oflice of county superintendent of of school 
common schools or school director in the state of Iowa, °^g®^ ^^ g^^ 
shall be deprived of ofiice by reason of sex. 



BLAISTK FORMS. 



NUMBER 1. 

Form for Proceedings of District Township Meeting. 
[Section 1717.] 

March ; 187... 

The electors of the district township of. in the county of. 

and state of Iowa, assembled at pursuant to previous notice. The 

meeting was called to order by the president at o'clock m. The sec- 
retary being absent was appointed secretary. 

The order of business was stated by the president. 

On motion of Mr , a tax of. dollars was 

voted for school-house purposes. 

Mr moved that a tax of eight hundred dollars be 

voted for the purpose of erecting a school-house in sub-district JSTo 

Mr moved to amend by striking out "eight hundred 

dollars" and inserting "one thousand dollars," which motion was agreed to 
and the motion as amended was decided in the af&rmative. 

Mr moved that the various powers conferred by 

law on the district meeting, which may be delegated to the board of directors, 
be and the same are hereby so delegated. After discussion the vote was taken 
and the motion was adopted. 

On motion of Mr , the meeting adjourned. 



Chairman. 



Secretary. 



Note. — It is essential that the secretary make a full and accurate record of 
the proceedings of the district township meeting, which should be submitted 
to the president for his approval at the close of the meeting, and afterwards 
recorded in the district records, or otherwise preserved. 

These records, together with all certificates of the action of any sub-district 
in relation to voting school-house taxes, must be submitted by the secretary, 
who is the proper custodian of the records, to the board of directors, at the 
meeting held on the following Monday, to form the basis of their action in 
apportioning and certifying school-house taxes to the board of supervisors. 
10 '73 



74 BLANK FORMS. 



NUMBER 2. 

Form of Notice for Annual Meeting in Sub- Districts. 
[Section 1718.] 

Notice is hereby given, that a meeting of the qualified electors of sub- 

diatrict, No , of the district township of , in the county of. 

and state of Iowa, will be held at on the first Monday in March, 

187 at o'clock, for the election of one sub-director, and the transac- 
tion of such other business as may legally come before it. 

Dated 187... 



Sub-Director of sub-district No. 



Note (a) In case there is no sub-director, the above notice must be given 
by the secretary of the district township. It must be posted five days previous 
to the meeting, in at least three public places in the sub-district. The notice 
should designate the hour of meeting, which cannot be earlier than 9 o'clock, 
A. M. Sec. 1789. 

(6) "When an organized district township is left without officers, or without 
a quorum, the above notice for a special election, should be posted by the 
township trustees, in at least three public places in each sub-district, chang- 
ing the time of holding the election to suit the circumstances of the case. 
Sec. 1714. 



NUMBER 3. 

Form of Proceedings of Annual Sub-District Meeting. 
[Sections 1718, 1719, 1720.] 

March 187... 

The electors of sub-district No , of the district township of. , 

in the county of , and state of Iowa, met pursuant to previous 

notice. 

was appointed chairman, and 

secretary of the meeting. 

On motion of Mr * „ , the meeting proceeded to an 

informal ballot for sub-director. 

The chairman announced the result to be as follpws : 

votes were cast for ,and votes for 

, and votes for 



BLANK FOEMS. 75 

On motion of Mr , the meeting proceeded to the 

election by ballot of one sub-director. 

The chairman announced the result of the ballot to be as follows : 

20 votes were cast for A. B.; 15 votes for C. D. ; and 10 votes for E. F. ; upon 
which A. B. was declared duly elected sub-director for the ensuing year. 

Mr moved that a tax of dollars be voted 

for the erection of a school-house in this sub-district. 

The motion was lost. 

On motion of Mr , the meeting adjourned. 



Chairman. 

Secrttary. 

Note. — The amount voted by the sub-district must be certified to the next 
regular district township meeting. 



NUMBER 4. 
Form for Certificate of Election of Sub- Director. 

[Section 1719.] 

We hereby certify that, at the annual meeting of sub-district No 

of the district township of , in the county of , and state of 

Iowa, held on the first Monday in March, 187..., was 

duly elected sub-director for said sub-district. 

Chairman. 



Secretary. 

Note. — This certificate slightly varied, will answer in case of the election 
of a sub-director at a special meeting called by the township trustees. In 
both cases, it should be presented by the sub-director elect, to the board of 
directors of the district township, and filed with the president of said district. 



75 BLANK FORMS. 



NUMBER 5. 



Form for Certificate of Tax voted by Sub-District Meeting. 
[Section 1778.] 



To. 



Secretary of the board of directors of the district township 

of. 

I hereby certify that the electors of sub-district No , of the district 

township of. , in the county of and state of 

Iowa, at the annual meeting, held on the first Monday in March, 187..., voted 

a tax of dollars for for the erection of a school-house in said 

sub-district. 



Sub-Director, 

Note. — This certificate may be made either by the sub-director or by the 
chairman and secretary of the sub-district meeting. 



NUMBER 6. 

Proposals for the Erection {or Repair) of a School-House. 

[Section 1723.] 

Notice is hereby given that proposals for the erection {or repair) of a 

school-house in sub-district No , in the district township of 

, in the county of , will 

be received by the undersigned, at his office in 

(where plans and specifications may be seen,) until 1 o'clock, p. m., 

187..., at which time the contract will be awarded to the lowest responsible 
bidder. 



Secretary of the Board of Directors. 



BLAI^K FORMS. /j^y 

NUMBER 7. 

Form of Contract for Building a School-House. 
[Section 1723.] 

Contract made and entered into between , of the 

county of , and state of Iowa, and in behalf of 

district township of in the county of. and state of Iowa, 

and his successors in office. 

In consideration of the sum of dollars, to be paid as hereinafter 

specified, the said , hereby agrees to build a 

school-house, and to furnish the material therefor, according to the plans and 
specifications for the erection of said house hereto appended, at 



in said district township. The said house is to be built of the best material, 
in a substantial, workmanlike manner, and is to be completed and delivered 

to the said , or his successors in office, free from any 

lieu for work done or material furnished, on or before the day of 

, 187... and in case the said house is not finished by the time herein 

specified, the said shall forfeit and pay to the said 

, or his successors in office, for the use of said district township, 

the sum of dollars, and shall also be liable for all damages that 

may result to said district township in consequence of such failure. 

The said , or his successors in office, in behalf of said 

district township, hereby agrees to pay the. said the sum 

of. dollars when the foundation of said house is finished; and the 

further sum of. dollars when the walls are up and ready for the 

roof; and the remaining sum of dollars when the said house 

is finished and delivered as herein stipulated. 

It is further agreed that this contract shall not be sub-let, transferred, or 
assigned without the consent of both parties. 

Witness our hands this day of. , 187.. 



Contractor. 



President. 
This is to certify that the foregoing contract was approved by the board of 

directors of the district township of , in the county of , and 

Btate of Iowa, this day of. , 187.. 



President. 
Secretary. 
Note. — The law requires the board to make all contracts necessary to carry 



78 BLANK FORMS. 

out any vote of the district, and the president of the district to sign all con- 
tracts made by the board. Sec. 1739., 

Contracts must, in all cases, be made according to the instructions and di- 
rections of the board, and after being made they should be approved by the 
board before any work is done. 

In building a school-house, it is important to secure plans of the building, 
with full specifications as to its dimensions, style of architecture, number and 
size of windows and doors, quality of materials to be used, what kind of roof, 
number of coats of paint, of what material the foundation shall be con- 
structed, its depth below and its height above the surface of the ground, the 
number and style of chimneys and flues, the provisions for ventilation, the 
number of coats of plastering and style of finish, and all other items in de- 
tail that may be deemed necessary. The plans and specifications should be 
attached to the contract, and the whole filed with the secretary of the dis- 
trict township. 



NUMBER 8. 

Form of Bond for Performance of Contract. 
[Section 1723.] 

Know all Men by these Presents : That we, as principal 

, and , as sureties of 

the county of and state of Iowa, are held and firmly bound 

unto the district township of , in the county of. , 

and state of Iowa, in the penal sum of , dollars, for the payment 

of which, well and truly to De made, we bind ourselves, our heirs, adminis- 
trators and assigns, jointly, severally and firmly, by these presents. 

The condition of the above obligation is such that, whereas the said 

has this day entered into a written contract with 

as president of the board of directors of the district township of 

in the county of , and state of Iowa, and his successors in 

office, for the erection and completion of a school-house in said sub-district, 

by the day of , 187..., according to the plans and 

specifications for the construction of said house appended to said contract. 

Now, therefore, if the said shall faithfully and fully 

comply with all the stipulations of said contract, then this obligation shall 
be void ; otherwise remain in full force and virtue in law. 

In testimony whereof we have hereunto subscribed our names this 

day of , 187... 

Principal. 



Sureties. 



BLANK FORMS. 79 

NUMBER 9. 

Form for Certificate of Appointment of School Officers. 

[Section 1730.] 

, 187... 

To : 

You are hereby notified, that at ajjmeeting of the board of directors of the 

district township of , in the county of , and 

state of Iowa, held on the day of. .,..., 187..., you were duly 

appointed (here name the office,) in and for said district township, to fill the 
vacancy occasioned by the (here state the cause of the vacancy) of. 



Secretary of the Board of Directors. 



Note. — For the appointment of sub-director, insert in the above form the 
words "sub-district number of" immediately after the word "for." 



NUMBER 10. 

Form for Bond of Secrttary or Treasurer. 

[Section 1731.] 

Know all Men by these Presents: That I, as principal 

and and a§ sureties of the district 

township of. , in the county of. , and 

state of Iowa, are held and firmly bound unto the district township of. 

, in the said county and state, in the penal sum of. 

dollars, to be paid to the said district township of. ^ 

for which payment well and truly to be made, we bind ourselves, our heirs, 
executors, and administrators firmly by these presents. 

The condition of the above obligation is such that if the above bounden 

shall well and truly fulfill the duties of secretary 

(or treasurer) in the district township of and county 

of and state of Iowa, to the best of his ability, 

according to law, then the above obligation to be void, otherwise to remain 
in full force and action in law. 

In testimony whereof we have hereunto subscribed our names this 

day of 187... 

Principal. 



Sureties. 



8Q BLANK FORMS. 

State of Iowa, "I 
County. J^^- 

I, , do solemnly swear (or affirm) that I will sup- 
port the constitution of the United States, and the constitution of the state 
of Iowa, and that I will faithfully and impartially discharge the duties of 

secretary (or treasurer) of the district township of. in the county of 

and state of Iowa, according to law and to the best of my abilities. 



Subsi-ribed and sworn to before me by the above named. 

this '. day of A, D., 187... 

In testimony whereof witness my hand and official seal. 



< SEAL. > 



Notary Public. 



State op Iowa, T 
County, i^^' 



I, , being duly sworn, depose and say that I 

am a resident freeholder of the state of Iowa, and am worth the sum of 

dollars beyond the sum of my debts, and have 

property liable to execution in this state equal to the sum above named. ~ 



Subscribed and sworn to before me by the above named.. 

this day of A. D., 187... 

In testimony whereof witness my hand and official seal. 



■j seal. > 



Notary Public. 



Note. — See Section 1731, note. 



NUMBER 11. 

Form of Certificate for Election of the Officers of the Board, to the County Superin- 
tendent, Auditor, and Treasurer. 

[Section 1736.] 

I hereby certify. that, at a meeting of the board of directors of the district 

township of , held on the day of 

187..., the following named officers were elected and have 

duly qualified according to law : 

, to the office of... .....,., P. O. Address, 

, to the office of , P. O. Address, 

Dated at ., 187.... 

Secretary. 



BLANK FORMS. 35^ 



NUMBER 12. 

Form of Draft on the County Treasury. 

[Sections 1739, 1785.] 

To , County Treasurer: 

Pay to , treasurer of the district township 

of. in the county of 

and state of Iowa, dollars school-house fund, t 

dollars contingent fund, and dollars teachers' fund, beintj the 

amount of taxes collected and due this district, for the quarter ending on the 

first Monday of , as shown by your notice of. 

187... 



Pnsident. 



Secretary. 

Note. — "Whenever a draft is drawn on the county treasury, it is the duty of 
the secretary to charge the district treasurer with the amount named in the 
draft, keeping a separate account with each fund. Sec, 1782. 



NUMBER 13. 

Form of Order on District Treasury. 

[Section 1739.] 

.....187. 



To.... , Treasurer of the disteict township of. 

Pay to or order, the sum of. dollars 

from the {here state the fund) fund for {here state the object for which drawn.) 



President. 
Secretary. 



Note. — "No order shall be drawn on the district treasury, until the claim 
for which it is drawn has been audited and allowed." Sec 1733, 

All orders drawn on the district treasury should be registered by the secre- 
tary as per form No. 16, 
11 



32 BLANK FORMS. 



NUMBER 14. 

Form of Lease. 

[Section 1739.] 

Know all men by these presents : That of the county of 

, and state of Iowa, for the consideration hereinafter 

mentioned, does hereby lease unto president 

of the board of directors of the district township of , in the 

county of , and state of Iowa, or his successors in ofl&ce, 

for the use of said district township for school purposes, the following de- 
scribed premises, situate in the county and state aforesaid, to-wit : {Here 
describe the house and lot or parcel of ground), together with all the privileges 

thereto belonging, for the term of months from the 

day of. ,187... 

The said , president as aforesaid, or his successors 

in office, hereby agrees to pay the said for the use of said 

premises the monthly rate of dollars to be paid at the expiration of 

this lease. 

Intestimony whereof, we have hereunto subscribed our names this day 

of ,187... 

Signedin duplicate. 



President. 

Note.— As a matter of safety the above lease should be executed in dupli- 
cate, one to be held by the secretary of the board, and the other by the lessor. 
The lease should be approved by the board of directors, as in case of a con- 
tract, and should be filed with the secretary. 



NUMBER 15. 

Form of Deed. 

[Section 1739.] 

Know all men by these presents : That we, _. and , 

, his wife, of the county of , and state of Iowa, 

in consideration of the sum of dollars in hand paid, do hereby 

sell and convey unto the district township of. , in the county 



BLANK FORMS. jj3 

of. and state of Iowa, the following described premises 

situate in the county and state aforesaid, to-wit : {Here describe the premises.) 

And we do hereby covenant with the said district township that we are 
lawfully seized of said premises ; that they are free from encumbrance ; that 
we have good right and lawful authority to sell the same ; and we do hereby 
covenant to warrant and defend the title to the said premises against the 
lawful claims of all persons whomsoever. 

Signed this day of , 187... 



State of Iowa, { 



.County, 



On this day of , A. D. 187..., before 

me, a notary public in and for said county, personally came 

and his wife, personally to me known to be the identical 

persons whose names are affixed to the above deed as grantors, and acknowl- 
edged the same to be their voluntary act and deed, for the purposes therein 
expressed. 



{L,S,} 



Witness my hand and notarial seal this day 

of. >., 187... 



Notary Public. 

Note. — (a) In purchasing the grounds for school-house purposes, the 
president should require an abstract of title and satisfy himself that the prop- 
erty is free from encumbrance. Let the property in all cases be conveyed to 
the district in its corporate name. The deed should be filed with the presi- 
dent. 

Note (6). In case of the donation of school-house sites the following rever- 
sionary clause may be appended to the deed: "Provided that if for the 
space of two consecutive years said premises shall cease to be used for school 
purposes the same shall revert to the original donor, his heirs or assigns 
without legal hinderance or expense." 



84 



BLANK FORMS. 



NUMBER 16. 
Form of Order Register of Secretary and Treasurer. 



6 


DATE. 


IN WHOSE PAVOE 
DRAWN. 


FOR WHAT PURPOSE. 


73 

a 


73* 

o 




1' Anvil 7 187fi 


John Smitli 


Teaching school 

Rep. on S. house 

Fuel 


15 00 
125 00 


1 

5 00 


$45 00 


o 


April 7, 1876 
April 7, 1876 
May 10, 1876 
May 14, 1876 


A. J. Adams 




3 


Joel B. Young 

Thos. Harrison 

Sarah Johnson 




4 
5 


Erection of S. house 
Teaching school 


63 74 



Note. — The law requires both the secretary and treasurer to keep a register 
of all orders drawn on the district treasury, containing a record of each item 
enumerated in the above form. 

Whenever orders are drawn, the secretary should register them and furnish 
the treasurer with a transcript of the same to place upon his register. 

Whenever partial payment is made, the treasurer should endorse the pay- 
ment on the order and take a receipt for the amount paid. When paid in 
full, the order should, in all cases, be indorsed by the person presenting it. 
It is then a voucher for the amount paid. 



NUMBER 17. 

F(yrm for Notice of District Township Meeting. 

[Section 1742.] 

Notice is hereby given to the qualified electors of the district township of 

^ , in the county of , and state of Iowa, that 

^the annual meeting of said district will be held at , on 

the second Monday in March, 187..., at o'clock m., for the transaction 

of such business as may legally come before it. 



Secretary. 
Dated, , 187... 

Note,— The above notice must be posted in five different conspicuous places 



BLANK FORMS. 



85 



in the district and a copy of the sam^ furnished to the teacher of each school 
in session to be read to the pupils thereof. In independent districts, insert 
immediately after the word "for" in the concluding part of the notice, the 
words " the election of oflBcers and '' in accordance with the provisions of 
sections 1807, and 1808. 



NUMBER 18. 



Form for the Treasurer's Account with the Teacliers' Fund. 



[Sections 1747, 1748.] 



., Teeasuekr, in account with Teachers'" Fund. 



De. 



Sept. 28, 1876 



Oct. 
Jan. 

April 
April 

July 



To cash received of County Treasurer, semi-annual 
apportionment 

To cash received of County Treasurer, District tax... 
To cash received of County Treasurer, District tax... 
To cash received of County Treasurer, District tax... 
To cash received of County Treasurer, semi-annual 

1 apportionment 

6, 1877iTo cash received of County Treasurer, District tax... 



5, 1876 

4, 1877 

5, 1877 
5, 1877 



270 00 
75 00 
50 00 

197 00 

135 00 
100 00 



., Treasurer, in account with Teachers' Fund. 



Cr. 



Oct. 13, 

Oct. 13, 

Nov. 14, 

May 3, 

May 4, 

May 4, 

May 5, 



1876 
1876 
1876 
1877 
1877 
1877 
1877 



By cash paid James Hogan, on order No. 1 
By cash paid Sarah Smith, on order No. 3 
By cash paid Nicholas Hoover, on order No. 4 
By cash paid Louisa Martin, on order No. 7 
By cash paid Jas. M. Higgins, on order No. 10 
By cash paid Stephen Phelps, on order No. 11 
By cash paid Amelia Mason, on order No. 13 



1136 00 

89 00 

135 00 

82 00 

115 00 

175 00 

95 00 



Note. — A similar account is to be kept with the school-house fund and con- 
tingent fund, and a statement of the condition of either fund is to be render- 
ed at any time when required by the board. By keeping a correct account 
of the orders, as per Form No. 16, the treasurer will know the amount out- 
standing, and can readily determine what per cent, on each he can pay with' 
the funds on hand. 

The above form is intended for separate pages opposite each other. 



86 



BLANK FOEMS. 



NUMBER 19. 
[Section 1745.] 



Report of the Secretary of the 

County, Iowa for tlie year Ending September 15, 187. 



DISTRICTS. SCHOOLS, TEACHEKS. j | PUPILS. HOTJSE^'. EAT^" 


LIBRA- 
KIES. 


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Totals ... 


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BRANCHES AND TEXT-BOOKS. 


STATISTICS OF BLIND AND DEAF AND 
DUMB. 


BRANCHES TAUGHT. 


TEXT-BOOKS USED. 

1 


wdiVTir i Af-TT UaTURE of 
NAME. 1 AGE.l jj^FECT. 


P. 0. AD- 
DRESS. 












Reading 











Writing 



















































History U. S 





















*Average for District. 

1. Two or more terms taught in the same school-house, in the same year, 
constitute but one school. 

2. Express all fractions decimally; omit cents in the valuation of school- 
house and apparatus. 

3. To find the average daily attendance in each school, divide the sum of the 
total attendance in days as shown by the teacher's register, by the number of 
days the school has been taught, 

4. To find the average cost of tuition per month for each pupil, divide the 
amount paid the teacher per month, by the average daily attendance for the 
term. 



BLANK FORMS. 



87 



5. The law requires the secretary to file his report with the county super- 
intendent between the fifteenth and twentieth days of September. 
I hereby certify that the foregoing report is correct. 

September 187... 

Secretary. 



NUMBER 20. 
[Section 1751.] 



Report of the Treasurer of the 

County, Iowa, for the Year ending September 15, 187... 



Dr. 



SCHOOL-HOtrSE FUND. 



Cr. 



On hand at last report 

Received from district tax 

Received from other sources. 



Total. 



Paid for school-houses and sites 

|Paid for library , 

[Paid on bonds and interest 

On hand 



Total. 



Dr. 



CONTINGENT FUND. 



Cr. 



On hand at last report 

Received from district tax.... 
Received from other sources. 



Total. 



Paid for rent of school-houses.- 
Paidfor repairing school-houses 

Paid for fuel 

Paid secretary 

Paid treasurer 

[Paid for records, dictionaries, 
maps, charts, and apparatus.. 

Paid for other purposes 

On hand.., 



Total 



Dr. 



teachers' fund. 



Cr. 



On hand at last report 

Received from district tax 

Received from semi-annual ap- 
portionment 

Received from other sources.., 



Total 



Paid teachers since last report 
On hand « 



Total 



gg BLANK FORMS. 

1. The report of each independent district organized during the present 
year should embrace all expenditures for school purposes, made within the 
district since the date of the last annual report. 

2. The totals of the debit and credit columns in each fund should in all 
CASES BE equal; this portion of the report should exhibit the exact amounts 
received and paid out by the district since the date of last report. Unpaid 
orders are not to be reported. 

3. The treasurer is required to make a full report to the board at the expi- 
ration of his term of oflBce and to file a copy of the same with the county 
superintendent. 

I hereby certify that the foregoing report is correct. 

September 187... 



Treasurer, 



NUMBER 21. 

Form of Cordract between Sub-Director {or Secretary,) and Teaclier. . 

[Sections 1753, 1757, 1758.] 

This contract, between , of county, 

Iowa, and , sub-director of sub-district No. 

of the district township of.... ... , in the county of. 

and state of Iowa, witnesseth : 

That the said agrees to teach the public school in said 

sub-district for the term of. weeks, commencing on the 

day of , 187..., and well and faithfully to perform the duties 

of teacher in said school, according to law, and the rules legally established 
for the government thereof, including the exercise of due diligence in the 
preservation of school buildings, grounds, furniture, apparatus, and other 
school property. 

In consideration of said services, the said , as sub-director 

aforesaid, in behalf of said district township, agrees to pay the said 

the sum of dollars per school month, at the 

end of , and to perform all the duties required by law as 

such sub-director. 

"Witness our hands this day of A. D., 187... 



Teacher. 
Sub-Director. 



BLANK FORMS. 39 

The within contract is hereby approved this day of , 187... 



President. 

Note. — With a little variation the above form will answer for independent 
districts. The sub-director should file the contract with the president and 
secure his approval before the teacher enters upon his duties. 



NUMBER 22. 

Form for List of Heads of Families and Children, to he kept by Sub-Directors. 

[Section 1754.] 



PAEENTS OR GUARDIANS. 


NAMES OP CHILDREN. 


SEX. 


AGE. 


John Smith 


Peter Smith 


Male 


12 years. 
10 vears. 




Eliza Smith 


Female 

Male 

Male 

Male 


James Jones 


William Jones - 


15 years. 
13 years. 
10 years. 




Charles Peters, (ward)... 
.Tflrnes Bvrnn 





Note. — The above list should be recorded in a book, and carefully preserved 
with the records of the sub-district ; from this record the sub-director can 
make his annual report to the district secretary, as required by section 1755. 



12 



90 



BLANK FORMS. 





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BLANK FORMS. 



91 



Note. — The board should supply each school room in the district with a 
bound copy of school register. 

In the above form E indicates the date of the pupil's entrance ; \, absence 
in the forenoon ; /^, absence in the afternoon ; 20, twenty minutes late fore- 
noon, lOe, ten minutes late afternoon, excused. The absence of marks indi- 
cates that the pupil was present the entire day. Absence at roll-call is indi- 
cated by a dot, which is afterwards changed to figures, or a diagonal mark, as 
the circumstances require ; *, indicates branch studied. 



NUMBER 24. 

Form for Teacher's Term Report to District Secretary. 

Teacher's report to the district secretary of the school taught in sub-district 

No of the district township of , 

county, Iowa, for the term commencing 187.., and ending 

187.. 





CO 




H 


OD 


a 


P4 


< 


1^ 


g 


< 


H 


1^ 


1^ 



Whole number of pupils enrolled 

Average number belonging 

Total attendance in days 

Average daily attendance 

Total number of days absent 

Numberof cases of tardiness 

Number neither absent nor tardy 

Number of pupils studying orthography 

Numberof pupils studying reading 

Number of pupils studying writing 

Numberof pupils studying arithmetic 

Number of pupils studying geography , 

Number of pupils studying grammar 

Number of pupils studying physiology 

Number of pupils studying United States history. 



Whole number of days taught 

Compensation of teacher per month 

Average cost of tuition per month, for each pupil.. 
I hereby certify that the above report is correct. 



TeacJier. 

Note (a)— The number belonging on any day is equal to the number enrolled 
less the number who have been absent more than three consecutive whole 



92 , BLANK FORMS. 

days. To obtain the average number belonging for the term — divide the sum of 
the numbers belonging for each day by the number of days the school has 
been taught. 

(6)— To find the average daily attendance — divide the total attendance in 
days, by the number of days the school has been taught. 

(c) — To find the average cost of tuition for each pupil per month — divide the 
amount paid the teacher per month by the average daily attendance for the 
term. 

The above form will also serve for a monthly report to the county superin- 
tendent, in case he requests it. 



NUMBER 25. 

Form of Teacher's Certificate. 
[Sections 1766, 1767.] 

TEACHER'S CLASS CERTIFICATE. 

Office of County Sdpbkintendent, 

County 

187 



■I 



This certifies that has passed an examination, 

as required by law, with the results hereto appended, and being satisfied that 

possesses a good moral character, aptness to teach and ability to govern, 

I hereby authorize to teach in the public schools of. 

county, for a period of months from the date of this certificate. 

Per cent. Per cent. 

Orthography Grammar, 

Reading Physiology 

Writing U. S. History 

Arithmetic Theory and practice of teach- 

Geography iug 

No 

County Superintendent. 

Note. — County superintendents are supplied with blank certificates at the 
expense of the state, upon application to the department of public instruc- 
tion. 

A certificate is valid only in the county where grajited. 



BLANK FORMS. 



93 



NUMBER 26. 

Form for Monthly Report of Institute Fund. 
[Section 1769.] 

Monthly Report of Institute Fund, Received from Examination Fees, to the 

Treasurer of county, Iowa, for the. month of , as required 

by ChajJter 57, General Laws of 1874. 





NAME OP TEACHER. | 


AMOUNT 
RECEIVED. 




NAME OP TEACHER. 


AMOUNT 
RECBIVED. 


1 




$ 




27 
28 
29 
30 
31 
32 
33 
34 
35 
'3b 
37 
38 
39 
40 
41 
42 
43 
44 
45 




$ 




? 














s 














4 














5 














6 














7 














8 














q 














10 














11 














l'^ 












IS 














14 














I'l 














16 














17 














18 














IP 














''O 








46 








91 








47 


1 






92 








48 
49 
50 








9S 














24 














?'S 








51 
52 








26 






















Total 


























I hereby certify that the above report is correct. 
Iowa, 



.1, 187.. 



County Superintendent. 



Note.— The monthly report and payment of institute fund required by 
section 1769 should be made on the first day of each month. 



94 BLANK FORMS. 



NUMBER 27. 

Form, of Receipt for Institute Fund, 

[Section 1769.] 



Received op c Superintendent 

of Schools, County, Iowa, Dollars 

Institute Fund. 

Iowa. , 

1, 187 County Treasurer. 



NUMBER 28. 

Form of Application for Teachers' Normal Institute. 

[Section 1769, also 1584, Code.] 

Office of County Superintendent, 

, County, , 187... 

To the Superintendent of Public Instruction: 

From satisfactory evidence on file in this office, I hereby certify that not 

less than twenty teachers desire to assemble at , in 

county, Iowa, on the day of , 

187..., for the purpose of holding a Teachers' Normal Institute, to remain in 
session for a period of weeks. 

I have appointed, subject to your approval, ; conductor 

and , , assistants, and 

hereby request your concurrence in said appointments. 



County Superintendent. 



BLANK FORMS. 



95 



NUMBER 29. 
Form for Report of Registration Fees Imtitute Fund. 

LSection 1769.] 

Report op Institute Fund, Received from Registration Fees, to the Treasurer of 

County, Iowa, of Normal Institute, held at 

commencing 187..., for a period of Aveeks, 

as required by Chapter 57, General Laws of 1874. 



NAME OF TEACHER. jj^CEIVED. 


NAME OP TEACHER. 


AMOUNT 
RECEIVED. 


1 








27 
28 
29 
30 
31 
32 
33 
34 
35 
36 
87 
38 
39 
40 
41 
42 
43 
44 
45 
46 
47 
48 
49 
50 
51 








? 














3 














4 














>> 














fi 


, , 












7 

8 














> 












9 














10 














11 














12 














13 














11 














TS 














16 















17 














IS 














19 














20 














21 














22 














23 














fM 














^5 








State appropriation 
Total ...... 






9fi 





































I hereby certify that the above report is correct. 

i Iowa. 

187... 



County Superintendent. 



96 BLANK FORMS. 

NUMBER 30. 

Form of Order on Institute Fund. 

[Section 1769.] 

Office of County Superintendent, 

§ , , County, 187... 

To Treasurer of County: 

Pay to or order, dollars out of 

the institute fund, for as per bill No 

approved this day, as required by law, and on file in my office. 

No 

County Superintendent. 

Note. — The county superintendent must pay to the county treasurer all 
moneys received for the institute fund, including the warrant for the state 
appropriation. He should not issue warrants for a greater amount than the 
funds in the hands of the county treasurer will pay off and satisfy. 



NUMBER 31. 

Form for Beport of Teachers^ Normal Institute. 

[Section 1769.] 

Report of Teachers' Normal Institute held at 

County, commencing on the day of 187..., and 

continuing weeks. 

INSTUCTOBS, 



TEACHERS. 



LECTUBEES. 



Conductor 
Assistant 



BLANK FORMS. 



97 



ATTENDANCK 



MALES. 


FEMALES. 


TOTAL. 


Average attendance first week „...,.. 








Average attendance second week 








Average attendance third week... 








Average attendance fourth week..... 
























Total average attendance „ 








Whole number enrolled...... ._ 




C'.'.Z'.'. 



INSTITUTE FUND, 



Dr. 



Cr. 



On hand at date of last report 

Examination fees received and paid 

to Co. Treasurer 

Registration fees received and paid 

to Co. Treasurer 

State appropriation received and 

paid to Co. Treasurer 

County appropriation received and 

paid to Co. Treasurer 



Total. 



Order issued to.. 



Unexpended. 
Total..., 



I hereby certify that the above report is correct. 



County S'aperintendenL 

Note. — The report of the institute fund should show the total receipts and 
•expenditures since the date of the last institute report. The debit columa 
should contain the amount on hand after paying all expenses of last insti- 
tute, plus all subsequent receipts. The credit column should contain the 
total amount expended since date of last report, plus the amount on hand at 
date of present report. 

The totals in the debit and credit columns should in all cases be equal. 



13 



98 BLANK FORMS. 

NDMBER 32. 

Form for Revocation of Teacher's Certificate. 

[Section 1771.] 

Office o? Coitnty Supekintendent, 
=..... .o...... county, 187... 

To ilie Boards of School Directors in the county of.., , and state 

of Iowa : 

Whereas, On the day of , , 187..., a certificate 

was issued authorizing......... to teach in the public schools 

of this county ; and, 

Whereas, Upon due esamination, of which the said.. 

received personal notice, and was permitted to be present and raake 

defense, it appeared that the said , .in consequence of 

(here state the offense — gross immorality , for example), is unworthy longer to retain 
the same. 

Now, therefore, in pursuance of the provisions of section 1771 of the school 
laws of the state of Iowa, the said certificate is hereby revoked, to take effect 
from and after the date hereof. 



County Superintendent. 

Note. — A copy of the above revocation should be transmitted to the secre- 
tary of each district, and the secretary should immediately notify each sub- 
director in his district of the fact. The teacher should also be served with a 
copy. 



NUMBER 33. 

Form for Certificate to the Board of Supervisors of Tax Determined by the Board of 

Directors. 

[Section 1777,] 

, 187... 

To the Board of Supervisors of..... County, Icnva: 

I hereby certify that a tax of dollars was this day determined 

by the board of directors of the district township of , in the 

county of and state of Iowa, for the teachers' fund, and 

, dollars for the contingent fund, as provided in section 1777 of 

the Code. 

Secretary. 



BLANK FORMS. 



NUMBER 34. 



99 



Form for Certificate to the Board of Supervisors of Tax Voted by the District Township. 

[Sections 1777, 1778.] 

,187... 

To the Board of Supervisors of county, Iowa: 

I hereby certify that at a meeting of the electors of the district towAship of 

, in the county of. and state of Iowa, 

held on the second Monday in March, 187..., a tax of dollars was 

voted for school-house purposes : and that this tax has been apportioned by 
the board of directors among the sub-districts as follows : 

Upon sub-district No. 1, dollars. 

Upon sub-district No. 2, dollars. 

Up)on sub-district No. 3, dollars. 

Upon sub-district No. 4, dollars. 

Upon sub-district No. 5, dollars. 

Secretary. 

Note. — All school-house {axes voted by the district township electors, 
must be apportioned among the sub-districts. Section 1778. 



NUMBER 35. 

Form for Certificate of Tax Voted by a Sub- District, and not Granted by the 
District Township Electors.. 

[Section 1778.] 

,187... 

I hereby certify that the electors of sub-district No , in the district 

township of. , at the last annual meeting, voted to raise 

the sum of dollars, for school-house purposes, more than was 

granted by the electors of said district township. 



Secretary. 

Note. — The sub-district electors may vote a tax for school-house purposes 
and certify the same to the district township meeting. (See Form No. 5.) 
Whatever portion of this sum the township electors neglect or refuse to grant, 
must be certified to the board of supervisors to be levied directly upon the 
sub-district making the request. Sec, 1778. 



100 



BLANK FORMS. 



NUMBE 36. 

Form for Notice from the County Auditor of the Amount of Semi- Annual Appor- 
tionment. 

[Section 1782.] 

Office of County Auditob, 

County, 187... 

To 

President of the District toivnship of 

Sir : — You are hereby notified that according to the semi-annual appor- 
tionment made this day, as provided by section 1781, Code, the sum of. , 

dollars is due the district township of , in the county 

of. and state of Iowa, for which I hand you here- 
with my warrant on the county treasurer. 



County Auditor. 

Note. — This warrant must be signed by the president and countersigned 
by the secretary of the board, to authorize payment of the amount named 
therein upon presentation by the district treasurer. 



NUMBER 37. 
Form of Certificate of Election of County Superintendent. 

[Section 1783.] 

Office of County Auditoe, 

, County, 187... 

I hereby certify that, ...„ was elected to the office of 

county superintendent, for the term commencing January 187... 

His post office address is Iowa. 



Auditor. 

Note. — This certificate should be forwardedto the superintendent of public 
instruction immediately after the resiult of the election is officially deter- 
mined. 



BLANK FORMS. -j^q^^ 

NUMBER 38. 

Form for Ceriijicate of Qualification of County Superintendent. 

[Section 1783.] 

Office op County Auditoe. 

^ County, 187... 

I hereby certify that, has duly qualified for the 

office of county superintendent, as required by sections 675 and 678, Code, for 

the term commencing January ,.., 187... 

His post office address is , Iowa. 



County Auditor. 

Note. — This certificate should be forwarded to the superintendent of public 
instruction as soon as the qualification and bond is filed in the office of the 
county auditor. 



NUMBER 39. 

Form of Notice from County Treasurer of School Tax Collected. 

[Section 1785.] 

Office of County Teeasueer, 

, county, , 187.. 

To , President of the Board of Directors of the District 

ToumsMp of. : 

You are hereby notified that the amount now collected and due the district 

township of in county, loWa, is: 

$ school-house fund. 

I contingent fund. 

§ teachers' fund. 



County Treasurer. 

Note. — It is the duty of the county treasurer to notify the president of the 
board of each district, quarterly, of the amount collected for each school fund 
and pay it to the district treasurers on the warrant of the presidents, counter- 
signed by the secretaries. 

On the first Monday in April of each year the county treasurer also renders 
a statement of the amount of taxes uncollected in each district township. 
Section 1784. 

The treasurer is required to pay over the amount of each fund collected 
monthly, to independent districts, on the order of the board. 



102 BLANK FORMS. 

NUMBER 40. 
Form of Notice Permitting the Attendance of Pupils from adjoining Districts, 

[Section 1793.] 

To , Secretary of the Board of Directors of the District 

Township of. : 

Notice is hereby given that , , 

and , pupils residing in the district township of 

, have been granted permission to attend school in 

sub-district No , in the district township of , com- 
mencing on the day of , 187... 

Dated at , 

, , ]87 

iSecretary. 



NUMBER 41. 

Form of Application for Appointment of Appraisers of School-House Site. 

. [Section 1827.] 

To Superintendent of county, Iowa,: 

In accordance with the action of the board of directors of the district town- 
ship of , you are hereby reqxiested to appoint 

three disinterested persons to inspect, and assess the damages which the 
owner will sustain by appropriating for school purposes, the following 
described real estate, viz: 



Dated at 

, 187... 



President. 

' > 

Secretary. 



BLANK FORMS. IQ3 

NUMBER 42. 
Form for Appointment of Appraisers of Site for School-House. 

[Section 1827.] 

To ., and : 

You are hereby appointed and constituted a board of appraisers, under the 
provisions of section 1827 of the Code of Iowa, to assess the damages which 
the owner will sustain by the appropriation for school purposes, of the fol- 
lowing described real estate, viz.: 



in sub-district No , of the district township of , in the 

county of , and state of Iowa, containing acre of 

land. 

You will, therefore, on the day of , 187..., 

at o'clock M., proceed to examine the real estate above 

described, and assess, under oath, the cash damages which the owner will 
sustain by the appropriation of said land for school purposes, and immedi- 
ately thereafter report to me in writing, the amount of said damages. 

Dated at , , 

, 187... ■ County Superintendent. 

Oath of Appraisers. 

We, , and 

do solemnly swear that we will well and truly, and to the best of our ability 
perform all of the duties imposed upon us by the foregoing commission. 



Subscribed andsworn to before me by , ■ 

and ,this day of , 187... 



Note. — Sufficient time must be allowed between the appointment of this 
commission and the time set for appraising the damages, to give the owner 
legal notice thereof. See note (a), section 1827. 



104 BLANK FORMS. 

NUMBER 43. 

Form of Notice to Owner of Real Estate of Appointment of Appraisers. 
[Section 1827.] 

To : 

You are hereby notified that I have this day appointed appraisers to assess 
the damages which the owner will sustain by the appropriation, for school 
purposes, of the following described real estate, viz : 



Said appraisers will meet at the above described real estate, on the ....day 

of , 187...., at o'clock ... m., and assess said damages as 

provided by section 1827, of the Code of Iowa. 
Dated at , 

,187... 



County Superintendent. 



NUMBER 44. 

Form for Report of Appraisement of Property for School Purposes. 

[Section 1827.] 

To , Superintendent of County, Iowa: 

We, the undersigned, having been appointed to appraise the damages 
which the owner will sustain by the appropriation, for school purposes, of the 
following described real estate, viz .^ 



do hereby report, that we have on this day of ,187... 

carefully examined said described real estate, and have appraised the damages 
at dollars. 

Dated at , 

, 187... 



Appraisers. 



BLANK FOEMS. IQ5 



• NUMBER 45. 

Form for Notice of Assessment of Damages. 

[Section 1827.J 

You are hereby notified that appraisers were appointed to assess the dam- 
ages which the owner would sustain by the appropriation for school pur- 
poses, of the following described real estate, viz: 



and that said appraisers met at said premises on the day of , 

187..., and assessed said damages at dollars, as shown by 

their report on file in my office. 

Dated at , 

, 187.... 



County Superintendent. 



NUMBER 46. 

Form for Affidavit of Appeal. 
[Section 1830.] 



State op Iowa, 
, County. 



V. 

DiSTPJCT Township of. 



I, , being duly sworn, on oath say : that on 

the s day of. , A. D., 187..., the board of directors of 

said district township rendered a decision {or made an order) whereby [here 
state facts showing affiant's interest in the decision, and the injury to that interest); 
that said board in rendering the decision {or making the order) aforesaid, com- 
mitted errors as follows : {Here state the errors charged.) 



Subscribed and sworn to, by before me, this., 

day of , A. D., 187... 



14 



106 BLANK FORMS. 

NUMBER 47. 
Form for Notice of Appeal. 

[Section 1832.] 

State of Iowa, \ „„ 
County, r^' 



V. 

District Township of. 



To , 

Secretary of the Board of Lirectors of the District Township of : 

You are hereby notified that has filed in my office 

an affidavit alleging that said board of directors, on the day of 

A. D., 187..., made a decision {or order) whereby (here describe the decision or or- 
der so that the secretary may identijy it,) and claiming an appeal therefrom. 
You are therefore required within ten days after receiving this notice, to file 

in my office at , in said county, a complete transcript of 

the record of the proceedings of the board relating to said order together 
with copies of all papers filed with you pertaining to said action appealed 
from. 

Dated at , 

187..., 



Covnty Superintendent. 



NUMBER 48. 
Form of Certificate to District Secretary's Transcript 
[Section 1832.] 

I, , secretary of the board of directors of the 

district township of. , in the county of. 

Iowa, hereby certify that the foregoing is a correct and complete transcript 
of the record of all proceedings of the board and of all papers filed relating 
to the case v 

Dated at , 

, 187... 

Secretary, 



BLANK FORMS. 1()7 

Note. — The secretary's transcript will contain: 

1st. A copy of all that portion of the records of the proceedings of the 
meeting, relating to the action appealed from, with the date of the meeting. 

2d. A copy of each petition, remonstrance, plat, or other paper relating to 
said action, submitted to the board ; to which will be annexed the above 
certificate. 



NUMBER 49. 

Form for Notice of Hearing of Appeal. 
[Section 1833.] 



State of Iowa, \, 



•County. 



V. 

District Township op. 



To : 

You are hereby notified that there is on file in this ofiice a transcript of the 

proceedings of the board of directors of the district township of. 

, at a meeting held on the day of ., 

187 ..,in relation to {here describe the decision or order appealed from,) from which 
appeal has been taken ; and that the said appeal will be heard before me at 

, in said county, on the day of 

,187..., at o'clock m. 

Dated at , 

,187... 



County Superintendent. 

Note. — The appellant, the president and secretary of the board, and other 
parties known to be interested, should receive a copy of this notice. 



108 BLANK FORMS. 

NUMBER 50. 

Form of Certificate to the County Superintendent'' s Tratiscript. 
[Sections 1832, 1835.] 

I, , Superintendent of 

county, Iowa, hereby certify that the foregoing is a correct and complete tran- 
script of the records of all proceedings had, evidence given, and papers filed 

in my office, and my rulings thereon; also of my decision in the case 

V '....... 

Dated at , 

, , 187... 



County Su2)erintende7it. 

Note. — The date of filing every paper should be indorsed thereon ; also in 
the case of motions, all orders and rulings of the county superintendent. All 
oral motions and evidence should b^ reduced to writing. 

The transcript of the county superintendent will consist of a literal copy of 
every paper filed and all indorsements thereon, together with a copy of all 
evidence given ; the whole arranged in chronological order, and closing with 
the decision of the county superintendent in full, with the above certificate 
annexed. 



I]:^DEX. 



. ^„„ . ^ ^ SEC. PAGE. 

APPEALS— 

Who may take, and when taken 1829 57 

Affidavit, basis of 1830 58 

Affidavit shall set forth errors „ 1831 58 

County superintendent to notify secretary 1831 58 

Secretary to send up transcript 1832 58 

Interested parties to be notified 1833 59 

Testimony heard and decision rendered 1834 59 

To the superintendent of public instruction 1835 60 

Judgment for money not to be rendered 1836 61 

BOARD OF DIRECTORS— 

Continue to act when district is divided 1715 5 

Divide assets and liabilities 1715 5 

Choose arbitrators in case of disagreement 1715 5 

Consists of three sub-directors, when 1720 9 

Enter upon duties at regular m eeting in March 1721 10 

Organize by electing president from their own number 1721 10 

Elect secretary and treasurer at September meeting 1721 10 

Secretary and treasurer chosen outside the board, when 1721 10 

Secretary and Treasurer have no vote unless elected from 

board •. 1721 10 

Hold regular meetings 3d Monday in March and September... 1722 10 
Hold special meetings by call of president, or reouest of ma- 
jority 1722 10 

Make contracts, purchases, and payments to execute vote of 

district 1723 11 

Consult superintendent before erecting school-house» 1723 11 

Make contract, if cost or repairs of school-house exceeds §300.. 1723 11 

Invite proposals to build school-house by advertisement 1723 11 

Require bond for performance of contract 1723 11 

Fix site for school-house 1724 12 

Determine number of schools and duration beyond legal 

period 1724 12 

Create no sub-district for less than fifteen pupils 1725 13 

May rent room and employ teacher for five pupils 1725 13 

May establish graded schools 1726 14 

^ May select superintendent of schools of district 1726 14 

One or more schools taught in each sub-district 1727 14 



IIQ INDEX. 

SEP PAO-E 

BOAED OF DIRECTORS— Continued. 

Duration of schools , 1727 14 

County superintendent may release from obligation to have 

school taught 1727 14 

Not to change text-books oftener than once in three years 1728 15 

Electors may vote to change text-books 1728 15 

May use unappropriated contingent fund to purchase appa- 
ratus 1729 15 

Contract no debts for apparatus 1729 15 

Appoint temporary president and secretary 1730 15 

Fill any vacancy in the board, or its officers 1730 15 

Require secretary and treasurer to give bond 1731 16 

Bonds to be filed with the president 1731 16 

Examine accounts of treasurer and make settlement with 1732 17 

Present statement to district township meeting 1732 17 

Audit and allow just claims 1733 17 

Fix compensation of secretary and treasurer 1733 17 

Draw no order until claim is audited and allowed 1733' 17 

Visit schools of their district 1734 17 

May discharge teacher, after investigation 1734 17 

Require secretary to report school officers 1736 18 

Make rules to govern sub-directors .* 1737 19 

Majority a quorum...,, 1738 19 

Certify no tax after third Monday in May 1738 19 

Vote of majority required to change boundaries of sub-districts 1738 19 

Receive no pay for services 1738 19 

May employ counsel 1740 20 

Proceedings of, to be recorded 1741 20 

Audit accounts, presented by secretary , 1743 21 

May require statement from treasurer 1751 24 

Prescribe rules and restrictions to govern sub-director 1753 26 

County superintendent not to be a member of 1765 30 

Estimate amount for teachers' and contingent funds 1777 36 

Apportion school-house tax 1778 37 

Satisfy judgment with order 1787 41 

Member or member elect may administer official oath 1790 41 

Qualify on or before the third Monday in March 1790 41 

May admit pupils from adjoining districts 1793 42 

Notify board of adjoining district, when 1793 42 

Fix terms of tuition, when 1794 43 

Divide district into sub-districts, and change boundaries 1796 43 

Cause description of sub-districts to be recorded 1796 43 

May consent to attach territory to adjoining township 1797 44 

May restore territory 1798 45 



INDEX. 



Ill 



SEC. PAGE. 

BOARD OF SUPERVISOKS— 

County superintendent not to be a member of. 1765 30 

Provide place for examination of teachers 1766 30 

May appropriate sum for normal institute 1769 32 

Levy taxes for school funds 1777 36 

Levy tax on sub-district, when 1778 37 

Levy county tax of from one to three mills 1779 38 

Limits of taxes for school purposes 1780 38 

Levy tax to pay money borrowed from school fund 1788 41 

Shall not divide school district, when 1799 45 

May submit question of establishing county high schools... ... 1698 64 

Appoint trustees of county high school 1699 64 

Fill vacancies in trustees of county high school 1711 67 

BONDS— 

Secretary and treasurer to give 1731 16 

Filed with president. «..„,. 1731 16 

Independent districts may issue, for erection of school-house 1821 54 

Rate of interest on 1821 54 

Electors to vote on question of issue 1822 55 

Denomination and time 1822 55 

Treasurer to negotiate, at par 1822 55 

Principal and interest, how paid 1823 55 

CONTRACTS— 

Board to make, to execute vote of district 1723 11 

Sub-director to make, under rules and restrictions 1753 26 

When made by sub-director, must be approved by president... 1753 26 

Teachers', must be in writing 1757 27 

Secretary or sub-director, and teacher to sign 1757 27 

Approved by and filed with the president 1757 27 

COUNTY AUDITOR— 

Superintendent to file statement with, of time employed 1776 36 

Make semi-annual apportionment 1781 39 

Notify presidents of apportionment; issue warrants for same.. 1782 39 

Certify to election and qualification of county superintendent 1783 39 

Report to auditor of state 1783 39 

Deduct cost of tuition from semi-annual apportionment, when 1793 42 

Record plat of districts 1796 43 

COUNTY HIGH SCHOOLS— 

County with a population of 2,000, may establish 1697 64 

Object 1697 64 

Board of supervisors may submit question of establishing 1698 64 

Votes, how canvassed 1699 64 

Board of supervisors appoint trustees 1699 64 

County superintendent member of board 1699 64 



112 INDEX. 

SEC. PAGE. 

COUNTY HIGH SCHOOLS -Continued. 

Bond and oath 1699 64 

Trustees, when and how elected 1700 65 

Terms of office of. 1700 65 

County superintendent president of board 1701 65 

Secretary and treasurer appointed from 1701 65 

Trustees shall make estimate of funds needed 1702 65 

Shall present estimate to board of supervisors 1702 65 

Tax not to exceed 2 and 5 mills 1702 65 

Tax to be paid to treasurer of county high school 1703 65 

Treasurer, give additional bond 1704 65 

Ihities of treasurer 1704 65 

Secretary and treasurer to keep account 1704 65 

Statement to be made 1704 65 

Board to select site for high school 1705 66 

Site, to be without expense to county 1705 66 

Board to make purchases, contracts, etc 1705 66 

Board to employ teachers 1706 66 

Model schools to be encouraged 1706 66 

Tuition free to residents of county 1707 66 

ApportiSnment of pupils 1707 66 

Pupils from other counties maybe admitted 1708 66 

Rules and regulations for school 1709 66 

Trustees to make annual report to board of supervisors 1710 67 

Copy of report to be sent to Supt. Pub. Inst 1710 67 

Board of supervisors may fill vacancies 1711 67 

Compensation of trustees 1711 67 

COUNTY SUPERINTENDENT— 

Eecommend plans for school-houses 1723 11 

May release boards from obligation to have schools taught...... 1727 14 

May require teacher to record matters designated 1734 17 

Notified when schools begin 1744 21 

Receive annual report from secretaries ; 1745 21 

Receive annual report from treasurers 1751 24 

Grant certificate to teach German when required 1763 29 

Not to be a member or officer of board of directors 1765 30 

Not to be a member or officer of board of supervisors 1765 30 

Examine teachers last Saturday of each month 1766 30 

Branches in which examination is made, specified 1766 30 

May have assistant examiners 1766 30 

Give certificate, not exceeding one year, if examination is sat- 
isfactory 1767 31 

Examinations must be public 1768 31 

Keep record of examinations 1768 



31 



Hold normal institute annually „ 1769 32 



INDEX. 113 

SEC. PAGE. 

COUNTY S UPERINTENDENT— Continued. 

Procure assistance with concurrence of superintendent of pub- 
lic instruction 1769 32 

Require fee for each certificate issued 1769 32 

Require registration fee , 1769 32 

Transmit moneys to county treasurer 1769 32 

Make report to county treasurer 1769 32 

Issue orders upon institute fund 1769 32 

Deputy may be appointed 1770 34 

Cannot visit schools or try appeals 1770 34 

May revoke certificate of teachers 1771 34 

Give personal notice of investigation 1771 34 

Make annual report to superintendent of public instruction... 1772 34 

File statement of number of youth with county auditor 1772 34 

Penalty for failure to file reports 1773 35 

Conform to instructions of superintendent of public instruc- 
tion ..: 1774 35 

Visit schools at least once in each term 1774 35 

Report the blind, and deaf and dumb 1775 35 

Compensation of. 1776 36 

To file statement of time employed. 1776 36 

Attach territory to another township, when 1797 44 

Appoint appraisers and give notice to owner of land 1827 56 

Notify secretary to file transcript 3833 59 

Notify interested parties , 1833 59 

Hear testimony and decide appeal - „..,......,. 1834 59 

Make provisions for institutes 1584 62 

Member of board trustees county high schooL 1699 64 

President of board trustees county high school 1701 65 

No person ineligible to office of by reason of sex, (Chap. 136, 

Laws of 1876) 1701 71 

COUNTY TREASURER— 

Disburse institute fund on order of county superintendent 1769 32 

Pay over all taxes collected, on first Monday in April 1784 40 

Render statement of taxes uncollected 1784 40 

Pay overtaxes quarterly 17S4 40 

Keep school-house tax separate for sub-district, when 1784 40 

Keep separate account with in-dependent districts..... 1784 40 

Pay taxes collected, to independent districts monthly 1784 40 

Notify presidents quarterly, of tax collected for each fund 1785 40 

Pay taxes to district treasurers on warrants 1785 40 

Pay treasurer of county high school taxes collected for 1703 65 



15 



^ 



^^4 INDEX. 

SEC. PAGE. 

DISTRICT TOWNSHIPS— 

Each civil township, and independent district, a school dis- 
trict 1713 5 

"When left without officers, how supplied 1714 5 

When divided, board to continue to act until next election 1715 5 

Respective boards divide assets 1715 5 

Arbitrators chosen in case of disagreement 1715 5 

Division of assets made when independent districts are form- 
ed 1715 5 

Corporate name of school districts 1716 7 

Hold annual meeting 1717 7 

Suit to be brought in name of 1731 16 

Claims against, audited by board 1733 17 

Bring suit if secretary fails to make annual report 1746 22 

Bring suit if treasurer fails to make annual report 1751 24 

Liable for tuition in certain cases 1793 42 

May be consolidated and organized as independent districts... 1814 51 

May be formed from independent districts 1815 52 

DISTRICT TOWNSHIP MEETING— 

Held annually on the second Monday in March 1717 7 

Electors may appoint chairman and secretary 1717 7 

Direct sale of district property 1717 7 

Determine additional branches 1717 7 

Delegate foregoing powers .^ 1717 7 

Vote tax for school-houses, sites, and library 1717 7 

Vote of, executed by board : 1723 11 

May vote to change text-books 1728 15 

Statement to be presented at, by board 1732 17 

Five notices, stating hour, posted by secretary 1742 21 

Copy of notice furnished to teachers 1742 21 

May vote concerning control of school-house 1753 26 

May vote that German be taught.. 17^63 29 

Vote tax to pay judgment and other liabilities 1787 41 

. Not to organize before 9, a. m. nor adjourn before 12, m 1789 41 

FINES AND PENALTIES— 

Of district secretary, for failure to report 1746 22 

Of district treasurer, for failure to report 1751 24 

Of county superintendent, for failure to report 1773 35 

To whom they shall inure 178S 41 

Suit — brought in name of district township, when 1786 41 

Brought in name of county, when 1786 41 

District attorney to bring, when 1786 41 

Added to fund next used 1786 41 

For misapplication of money, etc 1791 42 

Of director, for failure to make statement 1813 51 



INDEX. 



FORMS— ^*'' 



115 



Proceedings of district township meeting ,1 73 

Notice for annual meeting in sub -districts 2 74. 

Proceedings of annual sub-district meeting 3 74 

Certificate of election of sub-director , 4 75 

Certificate of tax voted by sub-district meeting 5 76 

Proposals for the erection (or repair) of school-house 6 76 

Contract for building school-house 7 77 

Bond for performance of contract 8 78 

Certificate of appointment of school officers 9 79 

Bond of secretary or treasurer 10 79 

Certificate of the election of officers of the board 11 80 

Draft on county treasury 12 81. 

Order on district treasury 13 81 

Lease ,.., 14 82 

Deed 15 82 

Order register of secretary and treasurer 16 84 

Notice of district township meeting .,..,.. 17 84 

Treasurer's account with teachers' fund 18 85 

Eeport of secretary 19 86 

Eeport of treasurer 20 87 

Contract between sub-director and teacher 21, 88 

List of heads of families and children to be kept by sub- 
director 22 89 

Teacher's daily register of attendance 23 90 

Teacher's term report to district secretary .' .... 24 91 

Teacher's certificate 25 92 

Monthly report of institute fund 26 93 

Receipt for institute fund 27 94 

Application for teachers' normal institute 28 94 

Report of registration fees, institute fund 29 95 

Order on institute fund 30 96 

Report of teachers' normal institute 31 yQ 

Revocation of teacher's certificate 32 98 

Certificate to the board of supervisors of tax determined by 

the board of directors 33 93 

Certificate to board of supervisors of tax voted by district 

township ,.. 34 99 

Certificate of tax voted by a sub-district and not granted by 

the district township electors 35 99 

Notice from the county auditor of amount of semi-annual 

apportionment 36 100 

Certificate of election of county superintendent 37 100 

Certificate of qualification of county superintendent 38 101 

Notice from county treasurer of school tax collected ,... 39 101 



]^[g INDEX. 

NO. PAGE. 

FORMS— Continued. 

Notice permitting the attendance of pupils from adjoining 

districts 40 102 

Application for appointment of appraisers of school-house 

site 41 102 

Appointment of appraisers of school-house site 42 103 

Notice to owner of real estate of appointment of appraisers... 43 104 

Report of appraisement of property for school-house purposes 44 104 

Notice of assessmentof damages 45 105 

Afladavit of appeal 46 105 

Notice of appeal 47 106 

Certificate to district secretary's transcript 48 106 

Notice of hearing of appeal 49 107 

Certificate to the county superintendent's transcript 50 108 

SEC. PAGE. 

FUNDS— 

School-house, contingent, and teachers', defined 1748 23 

Separate account with each, to be kept by treasurer 1748 23 

Fund and object must be specified in order 1748 23 

Teachers', and contingent, amount for, estimated by board 1777 36 

Amount levied for school-house fund not to exceed ten mills.. 1780 38 

Amount for contingent fund, not to exceed $5 per scholar 1780 38 

Amount for teachers' fund, not to exceed $15 per scholar 1780 38 

$75 may be levied for contingent fund, for each sub-district... 1780 38 

$270 may be levied for teachers' fund, for each sub-district 1780 38 

Permanent, interest on, apportioned 1781 39 

Secretary to keep separate account with each 1782 39 

GENERAL PROVISIONS— 

School month defined 1761 29 

Schools closed during teachers' institute 1762 29 

Electors may vote that German be taught 1763 29 

Schools must be taught in English 1763 29 

Bible not to be excluded from schools 1764 30 

Pupils not required to read Bible contrary to wish of parents.. 1764 30 

INDEPENDENT DISTRICTS— 

Organized prior to September 1, 1873, to continue.... 1713 5 

Assets and liabilities divided when boundaries are changed... 1715 5 

Corporate name of 1716 7 

Tax for, county treasurer to pay over monthly..... 1784 40 

Polls to remain open from 9, a. m. to 4, p. m., when... 1789 41 

City or town containing 300 inhabitants may organize..... 1800 45 

Directors of district township to establish boundaries 1801 46 

Electors to vote for or against separate organization 1801 46 

Term of office of directors, determined by lot 1802 47 

Board to elect president.. 1802 47 



INDEX. 117 

SEC. PAQ-E. 

INDEPENDENT DISTEICTS— Continued. 

Board to elect secretary and treasurer in September 1802 47 

Board to consist of three members, when 1802 47 

Must be completely organized before the first of August 1804 48 

Taxes levied by district township to be void 1804 48 

Board to levy taxes, when ..-..-. 1804 48 

When formed from two or more townships, who give notice... 1805 48 

Governed by same laws as district townships. 1806 48 

Electors may vote tax for erection of school-house, etc 1807 48 

Annual meeting of.. 1808 49 

Election of officers 1808 49 

Who are judges of election 1808 49 

Boundaries may be changed, how 1809 49 

Board of, to set off territory, when 1810 50 

May consolidate 1811 50 

Former distiict maybe reorganized 1812 50 

Statement — of receipts and disbursements 1813 51 

Penalty for failure to make 1813 51 

District township may become independent 1814 51 

Independent districts may be constituted district township... 1815 52 

Election to be called 1816 53 

Independent districts become sub-districts 1817 53 

Elect sub-directors on first Monday in March 1818 54 

Governed by laws for district townships 1819 54 

New board to make settlement of assets and liabilities 1820 54 

May borrow money by issuing bonds 1821 54 

Board to submit question of issuing bonds to electors 1822 55 

Board to issue bonds in accordance with vote of electors 1822 55 

Denomination and time of bonds 1822 55 

Board vote tax to pay bonds if electors neglect 1823 55 

Orders draw legal interest after presentation 1824 55 

INDUSTRIAL EXPOSITIONS— (Chapter 64, Laws of 1874.) 

Maintained in each school if deemed expedient ] 68 

Consist of what 2 68 

Pupils to explain mode of manufacture or culture. 3 68 

Parents and friends may attend 4 68 

Ornamental work encouraged 5 68 

Whenand where held 6 68 

MISCELLANEOUS— 

Fines and penalties, disposition of. 1786 41 

Judgment, how satisfied 1787 41 

District township meeting vote tax to pay judgment 1787 41 

Money borrowed from school fund, how paid 1788 41 

School meeting cannot organize before 9, a. m., nor adjourn 

before 12, m 1789 41 



11^ INDEX. 

SEC. PAGE. 

MISCELLANEOUS- Continued. 

Polls remain open from 9, a. m. to 4, p. m., when 1789 41 

Director, or director elect, authorized to administer official 

oath 1790 41 

Penalty for misapplication of money, etc 1791 42 

District township board have not jurisdiction in independent 

districts 1792 42 

Children may attend school in adjoining district, when 1793 42 

Board to fix terms of attendance, when 1794 43 

Pupils may attend school in another sub-district 1795 43 

Board — divide district into sub-districts 1796 43 

Change sub-district boundaries and record same 1796 43 

Sub-district boundaries conform to congressional lines 1796 43 

Changes in boundaries, take effect, when 1796 43 

County superintendent may attach territory to another town- 
ship, when 1797 44 

Territory may be restored, how 1798 45 

School district not to be divided, when 1799 45 

PRESIDENT— 

Chosen from the sub-directors 1721 10 

Call special meetings of board 1722 10 

Temporary, may be appointed 1730 15 

Vacancy in office of, filled by board , 1730 15 

To file bonds of secretary and treasurer 1731 16 

Bring suit on bond of secretary or treasurer, when 1731 16 

Concur with majority in expelling pupils 1735 18 

Preside at meetings of board and of district township 1739 19 

Draw drafts on county treasurer 1739 19 

Sign orders on district treasury 1739 19 

Sign all contracts made by board 1739 19 

Appear for district in suits 1740 20 

Secretary appear, when 1740 20 

Counsel may be employed 1740 20 

Approve contracts of sub-directors 1753 26 

Concur with sub-director in dismissing pupil 1756 27 

Approve and file teachers' contracts 1757 27 

Sign warrant for semi-annual apportionment : 1782 39 

Certify to account for tuition filed with auditor 1793 42 

Sign district bonds 1822 55 

PUPILS— 

Attend school where, determined by board 1725 13 

Fifteen, required for creation of sub-district 1725 13 

Teacher may be employed to teach five. 1725 13 

Legal age of. 1727 14 



INDEX. 119 

SEC. PAGE . 

PUPILS— Continued. • 

Enumerated by sub-director 1755 27 

Dismissed by sub-director and president 1756 27 

May be re-admitted 1756 27 

Eegister of attendance, etc., when kept separate 1759 29 

Not required to read Bible contrary to wish of parent. 1764 30 

Attend school in adjoining district, when 1793 42 

Temporarily sojourning, may attend school 1794 43 

Board to fix terms of attendance, when 1794 43 

M&y attend school in another sub-district 1795 43 

EEPORTS— 

Copies of, to be preserved by secretary 1741 20 

Secretary to make annually 1745 21 

Treasnrerto make annually 1751 24 

Sub-director to make to secretary 1755 27 

County SoPERiNTENDENT — to make to superintendent of public 

instruction 1772 34 

To make of blind, and deaf and 

dumD ..'. 1775 35 

Of interest on permanent school fund 1783 39 

SCHOOLS— 

Number of, determined by board : 1724 12 

Duration of, beyond legal period 1724 12 

Graded, may be established 1726 14 

One or more taught in each sub-district 1727 14 

Duration of. 1727 14 

Superintendent may release board from obligation to have 

taught 1727 14 

Visited by board of directors 1734 17 

Pupils may be expelled from 1735 18 

Sub-director shall visit twice during each term 1756 27 

Teacher of, must. have certificate 1758 28 

School month defined 1761 29 

Bible not to be excluded from.-.. 1764 30 

Visited by county superintendent 1774 35 

May be attended by pupils from adjoining district, when 1793 42 

SCHOOL-HOUSES— 

Plans for, recommended by county superintendent 1723 11 

Built or repaired by contract if cost exceed ^300 1723 11 

Proposals to build, invited by advertisement 1723 11 

Contracts let to the lowest responsible bidder 1723 11 

Site of, fixed by board 1724 12 

SuB-DiRECTOE — make contracts for repairs, etc -. .. 1753 26 

Have control of, unless otherwise directed by 

district township meeting 1753 26 



120 - INDEX. 

SEC. PAGE. 

SCHOOL-HOUSE SITES— 

Lawful for district to take 1825 56 

Not to exceed one acre without consent of owner 1825 56 

Must be on highway : 1826 56 

Not within forty rods of residence without consent of owner.. 1826 56 

County superintendent to appoint appraisers 1827 56 

County superintendent to give notice to owner 1827 56 

Appraisers to assess damages and make report 1827 56 

Board to deposit money with the county treasurer........ 1827 56 

Either party may appeal to circuit court 1827 56 

Title acquired for school purposes only 1828 57 

SCHOOL ORDERS - 

Not drawn until claim is audited.. 1733 17 

Signed by president 1739 19 

Fund and object must be specifiedin 1739 19 

Secretary to countersign and register 1741 20 

Transcript of, must be furnished to treasurer 1741 20 

Must specify fund and purpose 1748 23 

Treasurer to register 1750 24 

Given to satisfy judgment 1787 41 

Draw lawful interest after presentation 1824 55 

SECRETARY— 

Give notice of sub-district election, when ,..., 1718 8 

Elected on third Monday in September 1721 10 

Qualify and enter on duty within ten days 1721 10 

Chosen from township at large, when 1721 10 

Have no vote unless member of board 1721 10 

Temporary, may be appointed 1730 15 

Vacancy in the office of, filled by board 1730 15 

Give bond 1731 16 

Compensation of, fixed by board 1733 17 

Report school officers 1736 18 

Appear in suits, when 1740 20 

Record all proceedings of board 1741 20 

Preserve copies of all reports 1741 20 

File all official papers 1741 20 

Countersign and register drafts and orders 1741 20 

Furnish district treasurer with transcript of orders 1741 £0 

Post five notices of district township meeting 1742 21 

Notices to state hour of meeting 1742 21 

Present accounts to board to be audited 1743 21 

Notify superintendent when each school in his district be- 
gins 1744 21 

Make annual report to county superintendent 1745 21 

Penalty of, for failure to report 1746 22 



INDEX. 221 

SEC. PAGE. 

SECRETARY— Continued. 

Certify amounts for school funds 1777 36 

Countersign warrants for semi-annual apportionment..'. 1782 39 

Debit and credit treasurer 1782 39 

File account of tuition, when 1793 42 

Deliver plat to county treasurer and auditor 1796 43 

Record order of county superintendent and correct plat, when 1797 44 

Of Independent Districts — chosen outside the board, when.. 1802 47 

Act as judge of annual election... 1808 49 

Post notice of election 1811 50 

Send up transcript 1832 58 

SEX— [Chap, 136, Laws of 1876.] 

Not a test of eligibility to school offices 1 71 

No person deprived of office of county superintendent or 

school director by reason of 2 71 

STATE UNIVESSITY— 

Object and location 1585 62 

Course of study; where to commence 1585 62 

Students who have not completed elementary branches not 

admitted 1585 62 

No religious denomination to control 1586 63 

Governed by board of regents , 1587 63 

Governor, president of the board 1587 63 

Superintendent of public instruction and president of univer- 
sity members of board ., „ 1587 63 

One member from each congressional district elected by the 

general assembly 1587 63 

Departments determined by board of regents 1589 63 

Include collegiate, scientific, normal, law, and other depart- 
ments 1589 63 

Board OF Regents — may confer degrees 1589 63 

Enact laws for government of university 1596 63 

Appoint president, professors and tutors 1596 63 

Determine salaries of officers 1596 63 

May purchase apparatus, library, etc., 1597 63 

All specimens collected by state geologist to belong to state 1598 63 

President to report to board of regents 1600 63 

Board to report to superintendent of public instruction 1601 64 

SUB-DIRECTOR— 

Special election of. 1714 5 

Elected annually first Monday in March in each sub-district 1718 8 

Give notice of sub-district election 1718 

One, elected from the district at large, when 1720 9 

Vacancy in office of, filled by board 1730 15 

Governed by rules made by board 1737 19 

16 



122 INDEX. 

SEC. PAGE. 

SUB-DIRECTOR— Continued. 

Take oath 1752 25 

Ofl&ce vacant in case of failure to qualif}' 1752 25 

Make contracts under restrictions of board 1753 26 

Have control of school-house 1753 26 

Contracts must be approved by president ^. 1753 26 

Take enumeration of children , 1754 27 

Make annual report to secretary 1755 27 

May dismiss pupils with concurrence of president 1756 27 

Shall visit schools twice during each term 1756 27 

Authorized to administer official oath 1790 41 

Qualify on or before third Monday in March 1790 41 

When superseded deliver up books, etc , 1791 42 

Penalty for misapplication of money, etc 17yi 42 

May give consent that pupils may attend school in another 

sub-district 1795 43 

Elected for new sub-district, when 1796 43 

No person ineligible to office of, by reason of sex, (Chap. 136 

Laws of 1876) 1 71 

SUB-DISTRICTS— 

Embracing whole district elect three sub-directors 1720 9 

One sub-director chosen from each sub-district and one at 

large if but two sub-districts in township 1720 9 

Board determine number of schools taught in each 1724 12 

One or more schools taught in each , 1727 14 

Rule of taxation on, for school-house purposes 1778 37 

Pupils may attend in another 1795 43 

Pl'at of, to be made 1796 43 

May be formed from independent districts , 1817 53 

Hold meeting for election of sub-director on first Monday in 

March 1818 54 

SUB-DISTRICT BOUNDARIES— 

Vote of majoritj'^ of board required to change... 1738 19 

Established and changed by board 1796 43 

Conform to congressional lines 1796 43 

Changes in, to take effect, when 1796 43 

SUB-DISTRICT MEETING— 

Held annually first Monday in March 1718 8 

Five days' notice of, given by sub-director 1718 8 

Three notices stating hour, posted 1718 8 

Chairman and secretary act as judges of election 1719 8 

Three sub-directors elected, when 1720 9 

One sub-director chosen in each sub-district and one at large, 

when 1720 9 

Judges of election canvass votes for sub-director at large 1720 9 



INDEX. _^23 

SUB-DISTRICT MEETING— Continued. ^^^" ^^^^' 

Not to organize before 9, a. m., nor adjourn before 12, m 1789 41 

Held on first Monday in March 1818 54 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Approve appointment of institute instructors 1769 32 

May entertain appeals from county superintendent 1835 60 

Give thirty days notice to county superintendent 1835 60 

Like notice to adverse party ,..., 1835 60 

Decision shall be final 1835 60 

Shall not render judgment for money 1836 61 

Receive no additional compensation for determining appeals. 1830 61 

Charged with supervision of schools and superintendents 1577 61 

May meet county superintendents in convention 1577 61 

Attend teachers' institutes when practicable ., 1577 61 

Render written opinion to school ofiicers 1577 61 

Determine cases of appeal 1577 61 

Office at seat of government 1578 61 

File all papers, documents, etc 1578 61 

Keep fair record of matters in oflice 1578 61 

Publish and distribute amendments to school laws 1579 61 

Prepare and distribute form of teachers' certificates 1579 61 

Other blank forms 1579 61 

May subscribe for Iowa School Journal 1581 61 

Furnish copies of same to county superintendents 1581 61 

Publish decisions in Iowa School Journal 1581 61 

Report number of children to auditor of state 1582 62 

Report to general assembly 1583 62 

Have 1,000 copies of report printed 1583 62 

Appoint teachers' institutes 1584 62 

Transmit funds apprgpriated to county superintendent 1584 62 

TAXES— 

Board not to certify after third Monday in May 1738 19 

For teachers' and contingent funds determined by board 1777 36 

Certified by secretary to board of supervisors 1777 36 

Board of supervisors to levy for school funds 1777 36 

School-house, to be apportioned 1778 37 

Excess levied upon sub-district, when 1778 37 

Fifteen mills may be levied, when 1778 37 

One to three mills county tax to be levied 1779 38 

Receivable "only in cash 1779 38 

Limits of, for school purposes 1780 38 

Paid to district township treasurer quarterly 1784 40 

Paid to independent districts monthly 1784 40 

Are void, when 1804 48 



124 INDEX. 

SEC. PAGE. 
TAXES— COKTINUED. 

All taxes determined by board of directors, when 1804 48 

Determined before third Monday in August, when 1804 48 

Certified before first Monday in September, when 1804 48 

Board of supervisors levy for independent districts 1804 48 

Of mills voted, when, (Chapter 67, Laws of 1874) 1 69 

TEACHERS— 

Keep list of pupils showing attendance, etc 1734 17 

May be expelled by board 1734 17 

Contracts — with, made by sub-director or secretary 1753 26 

Must be in writing 1757 27 

Signed by secretary or sub-director and teacher...... 1757 27 

Approved by and filed with the president 1757 27 

Not to be employed without certificate 1758 28 

Keep daily register.,...,., 1759 29 

Keep separate register for non-resident pupils 1759 29 

File certified copy of register with secretary , 1760 29 

Regular examination of, last Saturday in each month ., 1766 30 

Satisfy county superintendent regarding moral character 1767 31 

Certificate cannot exceed one year „ 1767 31 

Examination of, to be public 1768 31 

Pay fee on receiving certificate 1769 32 

Pay registration fee 1769 32 

Certificate of, may be revoked 1771 34 

Shall have personal notice of charges preferred 1771 34 

Of county high school by whom selected 1706 66 

TEACHERS' NORMAL INSTITUTE— 

Shall be held annually in each county 1769 32 

TREASURER— 

Chosen outside board, when 1721 10 

Have no vote unless member of board 1721 10 

Vacancy in ofiice of, filled by board , 1730 15 

Give bond 1731 16 

Accounts of, examined by board , , 1732 17 

Compensation of, fixed by board 1733 17 

Hold all moneys belonging to district 1747 22 

Pay out funds upon order of president, countersigned by sec- 
retary 1747 22 

Keep account of moneys received and paid out 1747 22 

Keep separate account with each fund 1748 23 

Pay no order which does not specify fund and object 1748 23 

Make partial payments on orders 1748 23 

Receive money apportioned to district 1749 24 

Receive district school tax , 1749 24 

Register orders 1750 24 



INDEX. 125 

SEC. PAGE. 

TREASURER - Continued. -' 

Render statement of finances 1751 24 

Make annual report to board of directors 1751 24 

Make annual report to county superintendent 1751 24 

Penalty for failure to report , 1751 24 

Draw semi-annual apportionment on warrant , 1782 39 

Receive moneys for district township quarterly 1784 40 

Receive moneys for independent district monthly 1784 40 

Op independent disteicts — chosen outside board, when ]802 47 

Negotiate bonds 1822 55 

Countersign bonds when negotiated 1822 55 

Charged Avith bonds delivered to him 1822 55 



x»HHV««* » %^4s^ 6^ ■*^k>'tA>Mi0<^ ^<*.^**^vC>f^4i,.^cMi^^ , 



M 



I^^AJ^ 6^ ■S>''*4A'€l.<^ 



School Law Decisions 



A^P»PEA.L OA.SES, 



THE SEOEETAEY OF THE BOARD OF EDUCATION 



THE SUPEEINTENTENT OF PUBLIC INSTRUCTION. 



ZEHDITIOnsr OIP 187S. 



COMPILED FOR 



THE USE OE SCHOOL OFFICERS 



ALONZO ABERNETHY. 

SUPEEINTENDEKT OF PtTBLIC INSTRUCTION, 



DES MOINES: 

E. P. CLAEKSON, STATE PRIM TEE. 
1876. 



PEEFACE. 



The School Law Decisions published in 1868 and in 1872, have 
proved to be of great value to county superintendents in the determi- 
nation of appeal cases; to school officers in the exercise of their official 
duties; also to parties in conducting appeals before the county superin- 
tendents, and the superintendent of public instruction. 

The method of redressing wrongs and settling difficulties by means 
of the decisions rendered under the law of appeal is inexpensive, and, 
it is believed, has given general satisfaction, and in most cases, been 
the means of securing substantial justice. 

The more important of these decisions are republished, with such 
later ones as involve the discussion of principles, not before deter- 
mined. 

It is hoped that their dissemination will tend to diminish the number 
of appeals, and contribute to the systematic, just, and economical ad- 
ministration of the school laws. 

One copy will be furnished to each county superintendent, and to 
each board of directors in the state, for official use, and for transmis- 
sion to successors in office. 

In the labor of preparing these decisions, I have been greatly aided 
by Mr. J. A. Nash, deputy superintendent of public instruction, and by 
J. B. McGorrisk and C. R. Bales, clerks in the office. 

ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

Des Moines, Iowa, August, 1876. 



TABLE OF OASES. 



A 

PAGE. 

Albion, District Township of, Smith v 30 

Allis V. District Township of Oak 162 

Archer v. District Township of Warren 106 

B 

Bacon V. District Township of Liberty 150 

Beard v. District Township of "Washington 137 

Bell'V. District Township of Morning Sun 13 

Belmont, District Township of, Moorman v 89 

Bloomfield, District Township of, Devin v 42 

Boomer, District Township of. Remington v 96 

Bowen v. District Township of I afayette 124 

Bradford and King v. Distript Township of Lime Creek 17 

Brand v. District Township of Morgan 25 

Brandon, District Township of, Kelsall v 54 

Brewer V. District Township of Washington 144 

Brighton, District Township of. Woods v 166 

Brown V. District Township of Eichland 29 

Brown v. District Township of Van Meter 153 

Brown, District Township of, Gordon v 77 

Buchanan, Independent District of, Clayton v 131 

Bunn V. District Township of Douglas , 133 

Burlington, District Township of, Jones v 49 

Burlington, Independent District of, David v 145 

Burrington, Moody v 129 

c 

Caldwell v. Peebles 128 

Castle Grove, District Township of, Heisey v 67 

Cedar, District Township of, Dayton v 109 

Cedar, District Township of. Miner v 87 

Center, District Township of, Deremo v 20 



Q CONTENTS. 

PAGE. 

Chariton, District Township of, "Whicker v 104 

Charles City, Independent District of, Harwood v >. 139 

Cheney v. District Township of Pleasant Valley 112 

Chester, District Township of, Hays v 163 

Clark V. District Township of Wayne 47 

Clay, District Township of, Winters v 127 

Clayton V. Independent District of Buchanan 131 

Coffin's Grove, District I'ownship of, Smith v ■ 65 

Competine, District Township of, McReynolds v 36 

Cowles V, District Township of Eden 132 

Crane v. District Township of Montrose 26 

Crookshank v. District Township of Maine 165 

Curry V. District Township of Franklin. 73 

D 

David V. Independent District of Burlington 145 

Davis V. District Township of Madison 117 

Dayton v. District Township of Cedar 109 

Delaware, District Township of. Independent District of Manchester v... 18 

Deremo v. District Township of Center , 20 

Devin v. District Township of Bloomfield .....,> 42 

Dobbins and Briggs v. District Township of Salem 40 

Douglas, District Township of, Bunn v 133 

Dougherty v. Tracy 59 

Draper v. District Township of Lick Creek 50 

E 

Eden, District Township of, Cowles v 131 

Edwards v. District Township of "West Point 69 

Eldon,- District Township of, Taylor v 136 

Emerick v. District Township of Ingraham 118 

Exira, District Township of, Watson v 138 

F, 

Fairfield, District Township of, KaufFman v 15 

Fairfield, District I'ownship of. Reed v 68 

Flynn v. District Township of Whitebreast 45 

Forker v. District Township of Richmond 96 

Franklin, District Township of, Curry v 73 

Fremont, Independent District of, Hook v 95 

Fremont, District Township of, Huskins v 98 



CONTENTS. 7 

G. 

PAGE. 

Galland's Grove, District Township of, Mcintosh v 37 

German, District Township of, Steigelder v 39 

Gordon v. District Township of Brown 77 

Gosting V. District Township of Lincoln 152 

Grattan v. District Township of Ludlow 68 

Groverv. District Township ofMadison 165 

Gullet V. District Township of Hilton 123 

H. 

Hall V. District Township of Massillon 90 

Hamilton, District Township of, Ockerman v 56 

Hardin, District Township of, Prinyer v 101 

Harris v. District Township of Lee 93 

Harvey v. District Township of Stapleton 114 

Harwood v. Independent District ofCharles City 139 

Hays v. District Township of Chester 163 

Heisey v. District Township of Castle Grove ,.. 67 

Hilton, District Township of. Gullet v 123 

Hook V. Independent District of Fremont 95 

Hubbard v. District Township of Lime Creek 149 

Huskins v. District Township of Fremont 98 

I. 

Ingraham, District Township of, Emerick v , 118 

J. 

Jackson v. District Township of Powhatan 135 

Jackson, District Township of, Purdham v 142 

Jacobson v. District Township of Lafayette .* Ill 

Jamison v. District Township of Pittsford 147 

Jasper, District Township of, Thompson v 164 

Jefferson, District Township of, Redler v 100 

Johnson v. District Township of Monroe 41 

Jones V. District Township of Burlington 49 

K. 

Kauffman v. District Township of Fairfield 15 

Kelsall V. District Township of Brandon 54 

King V. District Township ol Spring Creek 44 

Kirkendall V. District Township of VanBuren 120 



CONTENTS. 



L. 

PAGE, 

Lafayette, District Township of, Bowen v 124 

Lafas'ette, District Township of, Jacobson v ^ Ill 

Lang V. District Township of Linn 160 

Lee, District Township of, Harris v 93 

Lester, District Township of, Sipple v 83 

Liberty, District Township of, Bacon v 150 

Liberty, District Township of. Rook v 143 

Lime Creek, District Township of, Bradford and King v 17 

Lick Creek, District Township of, Draper v 50 

Lime Creek, District Township of, Hubbard v 149 

Lincoln, District Township of, Gosting v 152 

Lincoln, District Township of, Randall v 157 

Linn, District Township of, Lang v 160 

Ludlow, District Township of, Grattan v , 63 

Ludlow, District Township of, Markley v 80 



Madison, District Township of, Davis v 117 

Madison, District Township of, Grover v 155 

Maine, District Township of, Crookshank v 165 

Makee, District Township of, Taylor v 33 

Manchester, Independent District of, v. District Township of Delaware... 18 

Maquoketa, District Township of, Markle v .... 35 

Maquoketa, District Township of. Smith v 71 

Markle V. District Township of Maquoketa 35 

Markley v. District Township of Ludlow 80 

Mason V. District Township of Otter Creek 19 

Massillon, District Township of, Hall v 90 

McHenry V. District Township of Rock Grove 16 

Mcintosh V. District Township of Galland's Grove 37 

McReynolds v. District Township of Competine 36 

Miner v. District Township of Cedar 87 

Moody V. Burrington 129 

Moorman v. District Township of Belmont 89 

Monroe, District Township of, Johnson v 41 

Monroe, District Township of, Palmer v 121 

Montrose, District Township of, Crane v 26 

Morgan, District Township of. Brand v 25 

Morning Sun, District Township of, Bell v 13 

Mosalem, District Township of, District Township of Washington v 23 

Mullen V. District Township of Perry 92 



CONTENTS. . 9 

N. 

PAGE. 

Neal V. District Township of Washington . .^ 94 

New Albany, District Township of, Waltz v 103 

Nichols V. Eoberts 46 

o. 

Oak, District Township of, Allis v 162 

Ockerman v. District Township of Hamilton 56 

Osage, Independent District of, Walton v 158 

Otter Creek, District Township of, Mason v 19 

P. 

Palmer v. District Township of Monroe 121 

Palmyra, District Township of, Wade v 15 

Peck et al. v. District Township of Polk 99 

Peebles, Caldwell v 128 

Perry, District Township of, Miillin v 92 

Pittsford, District Township of, Jamison v 147 

Pleasant, District Township of. Shore v 156 

Pleasant Eidge, District Township of, Williamson v 51 

Pleasant "Valley, District Township of, Cheney v 112 

Polk, District Township of. Peck etal. v 99 

Powhatan, District Township of, Jackson v 135 

Price T. District Township of State Center 62 

Prinyer V. District Township of Hardin 101 

Pryne v. District Township of York 97 

Purdham v. District Township of Jackson 142 

R. 

Raglan, District Township of, Spooner v... 134 

Randall v. District Township of Lincoln 157 

Randall v. District Township of Vienna 130 

Ransom v. District Township of Washington 116 

Redler v. District Township of Jefferson,. 100 

Reed v. District Township of Fairfield 68 

Reed v. District Township of Union 148 

Remington v. District Township of Boomer 96 

Richland, District Township of, Brown v 29 

Richmond, District Township of, Forker v 96 

Roberts, Nichols v 46 

Rock Grove, District Township of, McHenry v 16 

Rook V. District Township of Liberty 143 



10 . CONTENTS. 

s. 

PAGE. 

Salem, District Township of, Dobbins and Briggs v 40 

Sharp V. District^ Township of Walnut 21 

Shore v. District Township of Pleasant 156 

Sipple V. District Township of Lester 83 

Smith V. District Township of Albion 30 

Smith V. District Township of Coffin's Grove 65 

Smith V. District Township of Maquoketa 71 

Spooner V. District Township of Raglan 134 

Spring Creek, District Township of, King etal. v 44 

Spring Creek, District Township of, Stontenbaugh v 53 

Stapleton, District Township of, Harvey v 114 

State Center, District Township of, Price v 62 

Steigelder v. District Township of German 39 

Stinev. District Township of Wahkonsa 34 

Stontenbaugh v. District Township of Spring Creek = 53 

T. 

Taylor v. District Township of Eldon 136 

Taylor v. District Township of Makee 33 

Thompson v. District Township of Jasper 164 

Tracy, Dougherty v - 59 

Tunison and Roy v. District Township of Wilton 75 

U. 

Union, District Township of, Reed v 148 



VanBureu, District Township of, Kirkendall v 120 

^^an Meter, District Township of. Brown v 153 

Vienna, District Township of, Randall v 130 

w 

Wade V. District Township of Palmyra 15 

Wahkonsa, District Township of, Stine v 34 

Walnut, District Township of, Sharp v 21 

Walton V. Independent District of Osage 158 

Waltz V. District Township of New Albany 103 

Warren, District Township of. Archer v 106 

Washington, District Township of, v. District Township of Mosalem 23 



CONTENTS. I ] 

PAGE. 

Washington, District Township of, Beard v 137 

Washington, District Township of. Brewer v 144 

Washington, District Township of, Neal v. 94 

Washington, District Township of, Kansom v 110 

Watson V. District Township of Exira 138 

Wayne, District Towpship of, Clark v 47 

Wayne, District Township of, Weiss v 148 

Weiss V. District Township of Wayne 143 

West Point, District Township of, Edwards v 69 

Whicker v. Distri(;t Township of Chariton 104 

Whitebreast, District Township of, Flynn v 45 

Williamson v. District Township of Pleasant Ridge 51 

Wilton, District Township of, Tunison and Roy v 75 

Winters v. District Township of Clay 127 

Woods V. District Township of Brighton , 166 

Y 

York, District Township of, Pryne v 97 



SCHOOL LAW DEOISIO:N'a 

W1LLIA.M Bell v. Dibteict Town^ship of Morning Sun. 

Appeal from Louisa County. 

1. SuB-DiBECTOR. A sub-director continues in office until his successor is 
elected and qualified. Sec. 784 Code. 

i?, . Failure to qualify anew does not create a vacancy. 

3. . Sub-directors are not entitled to oompeneation for official ser- 
vices. 

4. School-House Tax. In levying tax for school-house purposes the board 
may make such apportionment as justice may require, provided the rate does 
not exceed ten mills on the dollar. 

The testimony in this case shows, that on the first Monday in March, 
1862, only two sub-districts in the district township of Morning Sun in 
said county, held an election, and elected sub-directors, to^wit: sub-diB- 
triets numbers Three and Seven. On the 10th day of March, 1862, the 
board of directors of said district township held a meeting, at whici 
Thomas McCluskin and W. L. Lyman, sub-directors elect from sub- 
districts numbers Three and Seven, appeared and were sworn in. 
There being no quorum present, the board adjourned to meet again on 
the 24th day of March, 1862, at which time sundry members, who had 
been elected for the year previous, tendered their resignations, and the 
vacancies thus created were filled by appointment, ana a president and 
treasurer were elected. On the 12th day of April, 1862, the time 
fixed by law for the regular meeting, the board met and performed 
sundry official acts, and adjourned to meet again on the 17th day of 
May, 1862, at which time certain other official business was transacted, 
after which they adjourned sine die. 

Mr. William Bell takes exceptions to the whole procedure and 
appeals to the county superintendent, on the ground in substance, 
that the board of directors had no legal existence from and after 
the 13th day of March, 1862, with the exception of the members 
from sub-districts numbers Three and Seven, and that some of their 
acts were not warranted by law, even if they had been legally con- 
stituted. The county superintendent sustained the action of the 
board with one or two exceptions, upon which Mr. Bell appealed to the 
secretary of the board of education . 

There is but one question of importance involved in this case, to-wit: 
Was the board a legally constituted body from and after the 1 8th day 
of March, 1862, or, to use the language of the appellant, "ten days 
after the first Monday in March ?" It appears to be admitted that they 
were so constituted prior to that time. If so, then it follows that they 
were so constituted subsequent to that limej for nothing transpired at 



14 



SCHOOL LAW DECISIONS. 



William Bell v. District Township of Morning Sun. 



that time to produce any change. The law provides (Sec. 57, Part 
yill, Laws of 1860) that, "Any officer whose term of office is pre- 
scribed by this act shall continue in office until his successor is elected 
and qualified." It is evident, then, under this provision, that the sub- 
directors whose successors had not been elected and qualified^ were 
authorized to hold over for the ensuing year, and hence the existence 
of the board was perpetuated with the same legal qualifications and 
powers that it possessed on the first Monday in March, 1862. 
The resignation and appointment of certain members, though totally 
unnecessary, was nevertheless legal, and does not affect the case. 

The only possible question that can arise as to the correctness of this 
construction is whether the failure of members holding over to qualify 
anew within ten days after the first Monday in March would create a 
vacancy. I am fully satisfied that it would not. There is no provision 
in the school law requiring it. There is a general statute of this kind 
(Sec. 568, Revision of 1860); but it is not applicable to school officers; 
for undeY our constitution all acts providing for the election and defin- 
ing the duties of school officers, must originate with the board of edu- 
cation. The general assembly can pass no such law, except by way of 
a-mendment to an act passed by the board of education. The section 
referred to originated with the general assembly, and has never been 
sanctioned by any legislation of the board of education, and hence it 
cannot apply to school officers. This construction is in accordance 
with the decision of the supreme court. District Township of Dxi- 
huque v. City of Dubuque, 7- Iowa, 263. See, also, my circular of 
December 9th, 1871, hereto appended. It is proper to add, that with 
the view of preventing even a quibble on the subject, I have uniformly 
recommended that school officers holding over should qualify anew; 
but my recommendation is not law", and therefore not binding. 

The board being legally constituted, it only remains to pass upon the 
legality of their acts, and in doing so I find but two to which I can 
take exception, to-wit: the allowance of compensation to sub-directors, 
and the alteration of sub-district boundaries. The law does not pro- 
vide for the compensation of sub-directors, and hence, the allowance 
was illegal. It is done, however, in many districts by mutual consent. 
The only question as to the legality of the action of the board relative 
to sub-district boundaries is: were the changes "such as justice, equity, 
and the interests of the people require?" The remonstrances againsi 
the alterations would seem to indicate plainly that they were not. In 
levying the tax for scAoo^AoMsej^wr^^oses, the board may make such 
apportionment "as justice may require," provided the rate does not 
exceed five mills on the dollar (ten mills under the present law), in 
any sub-district. The highest rate named in the case under considera- 
tion is four mills, being one mill less than the maximum fixed bylaw. 
In view of the foregoing considerations, I cannot do otherwise than 
affirm the decision of the county superintendent. 

Affirmed. 
THOMAS H. BENTON, Jr., 
Secretary of the Board of Education. 
August 2, 1862. 



SCHOOL LAW DECISIONS. 



15 



Jacob Kanffman v. District Township of Fairfield. 



Jacob Kauffman v. Disteict Township of Fairfield. 

Appeal from Fayette County. 

Sub-District. A sub-district is not entitled to draw money from district 
treasury in lieu of the full term of school required by law. 

It appears from the record of proceedings and testimony sent up, 
that the district board authorized said sub-district to have and main- 
tain a four months term of school in the year 1859, but that the term 
actually held under this authority continued but three months. That 
application was made by said sub-district in the next succeeding 
year to have the term for the year last named which said sub-district 
was authorized to hold, extended one month, or the sum of twelve 
dollars in lieu thereof — this sum having been allowed to another sub- 
district in the same township, which had failed to hold its full term by 
one month. Upon this application, the district board either never 
acted, or acted adversely to the application. The minutes of the board 
are silent upon the question. There is some evidence, however, tend- 
ing to show that there was a vote taken which resulted in denying the 
application. 

Upon these facts the county superintendent decided that said applica- 
tion was properly denied, and in this opinion I unhesitatingly concur. 

Affirmed. 
H. A. WILTSE, 
Acting Secretary of the Board of Education. 

November 4, 1862. 



Benjamin Wade v. District Township of Palmyra. 

Appeal from Warren County. 

Board op Directors. The acts of a board are presumed to be regular, legal, 
and just, and should be affirmed by the County Superintendent, upon appeal, 
unless proof is brought to show the contrary. 

The grievance complained of in this case is the alleged improper 
location of the school-house in and for sub-district number Two in said 
township. There is no testimony sent up — the county superintendent 
in his turn alleging that no testimony was preserved by him, and that 
it is out of his power to reproduce or obtain it. Under these facts 



IQ SCHOOL LAW DECISIONS. 



Gteorge A. McHenry V. District Township of Rock Grove. 

there is nothing to rebut the presumption of law in favor of the regu- 
larity and correctness of the proceedings of the district board. 

Nothing therefore can be done by me, but to affirm the decision of 
the county superintendent, which is accordingly done. 

Affirmed. 
H. A. WILTSE, 
Acting Secretary of the Board of Education. 
November 4, 1862. 



GrBORGB A. McHeSTEY V. DISTRICT ToWNSHIP OP RoCK GeOVE. 

Appeal from Floyd County. 

Board OF DiBBCTOKS. The board should be sustained upon appeal, unless 
tbey have violated law, abased their discretionaxy power, or have acted with 
manifest injustice, 

As nearly as can be ascertained from the return of the county super- 
ntendent the case is this: Out of sub-district number Three of said 
township, the district board erected sub-dietricts numbers Three an4 Six. 
in sub-district number Six so created, a school was taught for six 
months with an average attendance of four pupils. At the close of 
this term the district board abandoned said sub-district number Six, 
thus making sub-district number Three to embrace the same territory 
that it did contain before it was divided. 

The district board further made an appropriation of money to defray 
the expense of boarding the children of the appellant during the term 
of the school in said sub-district number Three, he being the only on€, 
as the record shows, whose family was seriously incommoded by said 
abandonment. 

Upon appeal to the county superintendent the action of the dis- 
trict board was affirmed; whereupon an appeal from his decision has 
brought the case before me. 

The case is not free from difficulty; but the weight of evidence and 
reason seems to be with the decision of the county superintendent. It 
does not appear what amount of means was at the disposal of the 
board for the purpose of maintaining a school in sub-disti'ict number 
Three, either before or after it was divided; nor does it appear what 
was the average attendance at school in that sub-district before the 
division. But it is fair to conclude that neither the means nor attend- 
ance was larger than was required and proper for a single school. If 
this is true, we have no hesitancy in saying that the decision of the 
county superintendent was just. 

The desire of the appellant to provide a school for his children is 



SCHOOL LAW DECISIONS. 17 



Ezra Bradford and Thomas A. King v. District Township of Lime Creek. 

honorable to both his head and heart; but the provisions made by the 
board for his children evinces the very opposite of any disposition to 
wrong him or neglect them. 

Had the appellant shown either that the means for the two schools 
were at the command of the board, or that the average attendance 
justiiied another school, my decision would have gladly been with him; 
but in the absence of such showing, and under the facts as the tran- 
script shows them to exist, I must and do affirm the ruling of the 
county superintendent. Affirmed. 

H. A. WILTSE, 
Acting Secretary of the Board of Education. 

November 4, 1862. 



Ezra Beadford and Thomas A. King v. District Township of 

Limb Crbek. 

Appeal from Washington County. 

BoAED OP DiEECTOES. The acts of a board are presumed to be regular, legal 
and just, and should be affirmed by the county superintendent, upon appeal, 
unless proof is brought to show the contrary. 

It appears that the said district board, on the Yth day of April, 1860, 
changed the boundaries of sub-district number Two. The complaint is 
that proper notice of this change was not given, and the appellants are 
inconimoded by the change. 

The notice conforms precisely to the requirement of sub-division 12 
of section 16, of the act of the state board of education, passed De- 
cember 24, 1859, and in force when said change was made. If ap- 
pellants were incommoded by the change, they have neglected to show 
how or when, by anything approaching to testimony. The decision of 
the county superintendent is therefore Affirmed. 

H. A. WILTSE, 
Acting Secretary of the Board of Education. 

November 4, 1862. 



SCHOOL LAW DECISIONS. 



Independent District of Manchester v. District Township of Delaware. 



Independent Disteict op Manchester v. Disteict Township op 

Delawaee. 

Appeal from Delaware County. 

Settlkmknt. After an independent district has been erected within a dis- 
trict township and the respective boards of directors have paid the debts 
owing by the district prior to the separation, and divided the funds on hand, 
a new board of one of these organizations cannot appeal. 

The district of Manchester was for some time included in and was 
a sub-district of the said district township of Delaware. While so in- 
cluded, schools were taught, taxes levied and collected, debts incurred 
and funds acquired. When Manchester separated from Delaware 
district, there were both assets and liabilities to be divided and paid. 
The plan adopted in reference to said assets and debts was, that each 
organization should pay and receive thereof an amount proportioned 
to the taxable property within each. This plan was carried into effect 
and the debts paid and the assets divided accordingly. Some time 
after this agreement, had been made and carried into full effect without 
objection or complaint by either party, the district of Manchester 
claimed before the county superintendent of Delaware county that the 
assets, which consisted of money, should have been divided in pro- 
portion to the number of children between the ages of five and twenty- 
one years. This claim was entertained by the county superintendent, 
a trial was had and the claim sustained. 

We cannot see how the county superintendent acquired jurisdiction 
of this case. "Any person aggrieved," etc., says the law, "may appeal." 
But in this case there was no person aggrieved. Two parties equally 
competent to contract, make and fully execute a contract. But it 
is one of the contracting parties that so becomes dissatisfied, and there 
is no tribunal that can listen to the complaint or grant relief. The 
law was made for parties who had no voice in the decision; not cer- 
tainly for parties who come complaining of their own decisions. 

We therefore feel compelled to, and do reverse the decision of the 
county superintendent. Reversed. 

H. A. WILTSE, 
Acting Secretary of the Board of Education. 

November 5, 1862. 



SCHOOL LAW DECISlONS. 29 

J. H. Mason v. District Township of Otter Creek. 

J. H. Mason v. Disteict Township op Ottbe Csekk. 

Appeal from Linn County. 

1. Appeal, An appeal may be taken at any time within thirty days from 
the rendition of the order complained of. 

■ 2. Motion. When a motion to dismiss is overruled, the superintendent 
should proceed to try the case upon its merits. 

In the spring of 1861, action was taken by the board of directors of 
said district township which resulted in the selection of a site for a 
school-house in sub-district number Five of said district township. 

In the spring of 1862, the said board were petitioned for a reloca- 
tion of said site, which petition was denied; and from this denial one 
of the petitioners, Mr. A/Hagerman, appealed to the county superin- 
tendent. 

At the hearing of the case by the county sxiperintendent, the 
appellant in the case before me moved to dismiss the case because 
the appeal had not been taken within the limit of time fixed by the 
statute. How Mr. Mason became a party to the case between said 
Hagerman and said district nowhere appears. His motion to 
dismiss, however, was based upon the idea that the action of said 
board in denying the relocation prayed for, could not be appealed 
from ; and that the appeal was in fact from the decision of the board 
ordering the location in the first instance. 

Upon this motion, the county superintendent held: 

1. That an appeal to be valid must be taken within thirty days; 
and 

2. That the appeal before him, being from the action of the board 
denying the prayer for a relocation, had been taken in due time." 

From this decision, Mr. Mason, a stranger to the case, so far as the 
record shows, appeals to me. 

The motion to dismiss was properly overruled, and the action' of the 
county superintendent in that behalf must be, and is hereby affirmed. 
The appeal was manifestly from the last action of the board — that had 
in 1862, and was taken in due time. 

Why the proceedings before the county superintendent should have 
ceased upon the overruling of the motion, is as much a mystery, from 
all the record discloses, as how Mr. Mason came to be a party to the 
case. After overruling the motion, the superintendent should have 
gone on and heard the testimony and decided whether or not the action 
of the board denying the relocation was correct. If correct, he should 
have affirmed it ; and if otherwise, he should have reversed it. And 
this, after giving the parties due notice, he should still do. 

Affirmed. 
H. A. WILTSE, 
Acting Secretary of the Board of Education. 

November 5, 1862. 



go SCHOOL LAW DECISIONS. 

O. Deremo v. District Township of Center. 

O. Deeemo V. DisTEiCT Township of Center. 
Appeal from Allamakee County. 

1. Liability op District Board. Where a board of directors refuses to 
draw an order on the treasurer for the amount of a judgment obtained against 
the district, and therefore a judgment is obtained against the individuals 
composing the board, the claim against the district has expired, and the board 
has then no power to draw such order. 

2. A board of directors has no power to levy a tax for the benefit of the 
school-house fund, unless authorized so to do by a vote of the electors. 

The district was indebted to John Stillman for building a school- 
house in sub-district number Four, of said township. Failing in 
payment, Stillman brought suit in the district court of said county, and 
obtained judgment for the amount of his claim. At a subsequent reg- 
ular meeting of the electors of said district the subject of this judg- 
ment was called up, and the electors refused to make any provision for 
the payment thereof. Thereupon Stillman brought suit against the 
officers of said district by virtue of section 3276, Revision of 1860, and 
recovered a judgment against them in their individual capacity. No 
date is given in the record to any of the occurrences above named. 
On the 6th of June, 1862, an order on the school-house fund was drawn 
by said board in favor of Stillman, and delivered to, and received by 
him for the amount of the last named judgment and costs. From the 
action of the board an appeal was taken to the county superintendent 
of said county. On the 30th of June, 1862, the said board levied a tax 
on the taxable property of the district for the purpose of providing the 
means for the payment of said order ; and from this action of the board 
an appeal was likewise taken to the superintendent. The trial before 
the superintendent resulted in his sustaining the action of the board on 
the 6th of June, and reversing that had on the 30th of June. From the 
first named branch of his decision, the said Deremo appealed, and 
from the last branch said board has appealed to me. The refusal of the 
board to issue an order had rendered the individuals composing the 
board, amenable to a judgment at the suit of Stillman. The fact that 
the beard refused a demand made upon it to draw an order for the 
amount of the first judgment, and that it was, at the time it so refused, 
in its power to have done so, must have been proved in court as the basis 
of the second judgment. The electors, it is true, refused to authorize 
the board to levy a tax for the purpose of paying the first judgment. 
But this action of the electors did not stand in the way of the board 
drawing the order and thus complying with the positive requirements of 
section 3275, Revision of 1860. By this refusal, the judgment-creditor 
is put to the trouble and expense of a fresh suit, and the demand is 
largely increased. 



SCHOOL LAW DECISIONS. 21 



Solomon Sharp v. District Township of Walnut. 



The judgment against the district expired with the rendition of the 
judgment against the individual members of the board. Stillman had 
no longer a claim against the district. The board has not and should 
never have power to draw an order upon its treasurer for any other 
purpose than the one of paying an indebtedness of the district. I can 
see no difference in principle between this case and one where the board 
should issue an order to pay the private debt of any one or all the 
members of the board. The judgment was neither against the board 
nor the district, but against certain individuals. These individuals 
should pay the judgment ; and then seek relief, so far as they are en- 
titled to any, from the district, or at the hands of the electors when 
assembled pursuant to law. They should not be permitted to sit as 
judges in their own case. For these reasons the decision of the county 
superintendent sustaining the action of the board in issuing said order, 
is reversed. 

That part of the decision which reversed the action of the board in 
levying a tax to pay said order, was undoubtedly right. The board 
had no authority of law upon which to base its action. First, Mr. 
Stillman's order was not issued to pay any debt against the district; 
and, second, if it had been, it was, or should have been, an order on 
the school-house fund, and for the benefit of this fund, the board is 
only at liberty by law to make a levy, when the eleetors have, by vote 
authorized it to do so. This part of the county superintendent's de- 
cision is, therefore, affirmed. 

Affiemed. 
H. A. WILTSE, 
Acting Secretary of the Board of Education. 

November 5, 1862. 



SoLOiiON" Shaep v. Disteict Towkship of Walnut. 

Appeal from Wayne County. 

SuB-DiSTEiCT Boundaries. A sub-district which, prior to the passage of the 
act of March 12, 1858, was composed of parts of two or more civil townships, 
cannot be dissolved by the action of one of the boards of directors interested. 

At the time the act of March 12, 1858, took effect, there existed in 
said county a school district organized in pursuance of the law before 
that time in force, composed of territory lying partly in Jackson town- 
ship and partly in "Walnut township. This district contained a school- 
house in actual use, situated in that part of the district lying in Walnut 
township. After the passage of said act this district became sub-dis- 
trict number Two of Walnut township. 

In September, 1862, the district board of Walnut divided their 
2 



22 SCHOOL LAW DECISIONS. 



Solomon Sharp v. District Township of Walnut. 

township into sub districts, and in this division disregarded the district 
first above named attaching so much thereof as lay in Walnut town- 
ship, part to one and part to another sub-district. 

From this action an appeal was taken to the county superintendent, 
who reversed the same ; and his decision is the matter complained of 
in the appeal to me. 

The law provides two contingencies, upon the happening of either 
of which a district of this character shall cease; and it further pro- 
vides two modes for abrogating the district: by petition and by con- 
current action of the two boards. Neither of these contingencies has 
happened, and no petition was presented. Hence the only question is, 
whether the board of Jackson township concurred. 

To establish the fact of this concurrence, the appellant relies upon a 
certificate by the secretary of the board last named,, of which the fol- 
lowing is a copy: 

"This is to certify that at a meeting of the directors of school dis- 
trict township of Jackson, in Wayne county, Iowa, held at the house 
of James Campbell on September 15, 1862, the directors ordered the 
township of Jackson to be divided into three sub-districts, 

James Campbell, 
Secretary of the Board. 

The certificate was objected to and rejected at the trial below, be- 
cause it was a statement by Mr. Campbell as to what the board had 
done. Because, to be evidence, it should have been a copy from the 
records of the board, certified to as such by the secretary. This ob- 
jection was well taken and the ruling upon it was correct. 

Were the certificate legal evidence, it does not show concurrence. 
It simply asserts that the directors of Jackson township ordered the 
township divided into three sub-districts. This might have been both 
ordered and executed without interfering with or in any way disturb- 
ing the district first above named. If it was in fact the intention of 
the board of Jackson township to concur in abrogating the district first 
above named and to absorb as much of the territory thereof as lay in 
Jackson township, such intention is not shown. 

This certificate is all the testimony contained by the record as even 
tending to show concurrence on the part of the district board of Jack- 
son township, and there is no evidence that the people residing in 
Jackson township and within the limits of the district first above 
named desire any change whatever. 

We pass over the paper purporting to show concurrence by the dis- 
trict board of Monroe township, because it has nothing to do with, and 
has no bearing whatever upon the case. 

It was claimed before the county superintendent, that the district 
first above named was a permanent district, not subject to be changed, 
except done in accordance with the act approved January 24, 1863, 
chapter 101, page 157, of the acts of our fourth general assembly. 
This is a mistake. It is subject to be changed in accordance with the 
laws now in force. 

Section 78, of the laws of the ninth general assembly, page 219, 



SCHOOL LAW DECISIONS. 23 



District Township' of Washington v. District Township of Mosalem. 

governs this case. The old district existed prior to the taking ejffect 
of the act of the 12th of March, 1858, and possessed a school-house 
which had not been destroyed, removed or abandoned. 

Under these facts the old district, with the boundaries as they ex- 
isted at the time the act of March 12, 1858, took effect, must remain a 
sub-district of Walnut township (in which the school-house is situated), 
until changed in pursuance of law. 

AlTIEMBD. 

II. A. WILTSE, 

Acting Secretary of the Board of Education. 
December 20, 1862. 



District Tow^tship op Washington v. Distkict Township of 

Mosalem. 

Appeal from Dubuque County. 

Peoceedings : Regularity of, presumed. When the district township records 
show, that for a number of consecutive years, the children of certain congres- 
sionaJ divisions of land, have been enumerated, and have attended school in 
a certain district township, and no objections have been raised, it will be pre- 
sumed that the territory is regularly attached to, and forms a part of, said dis- 
trict township. 

The appellant, in his capacity of president of Washington township 
in Dubuque county, Iowa, claims in this case that Washington town- 
ship is entitled to certain school moneys which have been or are about 
to be paid over to Mosalem township in said county. He alleges that 
sub-district number Seven of Washington township embraces parts of 
Mosalem, Washington, and Table Mound townships in said county, and 
that the school-house for this district is in Washington township ; that 
this district was organized as far back as 1849, and has ever since been 
an organized and existing district and that it is now a sub-district in 
Washington township by virtue of section 78 of the present school 
law. 

The existence of this district, or rather of any part of the district 
within Mosalem township at the time the act of March 12, 1858, took 
effect (the criterion by which appellant's claim is to be judged), is de- 
nied by appellee, and is the only issue in the case. 

The claim for the moneys in question was rejected by the district 
township of Mosalem, and this action was sustained by the county su- 
perintendent oi Dubuque county, on the ground that the evidence pro- 
duced upon the trial before him did not show the time and manner of 
the organization of said district number Seven. He concluded that 



24 SCHOOL LAW DECISIONS. 



District Township of Washington v. District Township of Mosalem, 

unless the original organization was shown to have been legal, the 
plaintiff's case must fail. The facts not having, in his judgment, been 
established by competent testimony, he found for the defendant. 

That the superintendent was mistaken in the view he took of the 
law was most obvious. Under the issue made, the only question for 
him to have investigated, was whether at the time the act of March 
12, 1858, took effect, the district in question existed and had a school- 
house which had not been destroyed, removed or abandoned. Nor 
was record evidence (as assumed by the superintendent) the only testi- 
mony receivable to establish this fact. 

The superintendent made up his transcript prior to the distribution 
of our pamphlet upon appeals. This accounts for and perhaps excuses 
him for sending up, in place of the testimony, simply a commentary 
upon the oral testimony produced before him. Enough is sent up, 
however, to show that this district, embracing the half section of 
Mosalem township claimed to be a part thereof, existed long prior to 
and at the time of the taking effect of the act of March 12, 1858, and 
that it had a school-house in actual use. 

The record of said district number Seven — dating back to 1849 — 
shows that gentlemen who were admitted in the argument before me 
to have been at the time residents upon said half section, were in the 
years 1849, 1851, 1853, 1855, and 1857, members of the board of 
directors of said district number Seven. 

This record further shows that for the years 1860 and 1861, the chil- 
dren of residents upon this half section were enumerated as being in- 
cluded within said district. 

This record further shows that there has been a school taught in 
sa,id district, at which the children of residents upon said half section 
have been taught, ever since the year 1849, 

It appears by the record of the county superintendent of Dubuque 
county, Iowa, (which with the record above referred to were in evi- 
dence before the county superintendent and came up with the case) 
that, in the year 1860, when the boundaries of this and many other 
sub-districts were by superintendent Mason for the first time recorded, 
this half section formed, and had before that time formed, a part of 
the district in question. 

The county superintendent, in his transcript in this case, names four 
witnesses, the effect of whose testimony as found and reported by him, 
was that said district number Seven was composed in part of said half 
Section in Mosalem township more than ten years ago, and had always, 
up to 1860, received the money arising from school taxes levied upon 
this half section. And this testimony stands uncontradicted. 

From all this testimony, and which is unopposed by anything 
brought forward by defendant, we can but conclude, and do most un- 
hesitatingly pronounce, the south half of section thirty-one, in town- 
ship eighty-eight of range three, east of the fifth principal meridian, 
in the township of Mosalem, in the county of Dubuque and state of 
Iowa, formed a part of sub-district numbered Seven, in Washington 
township, in said county, at the time the act of March 12, 1858 took 
effect; and that it is still a part of said district and entitled to the 



SCHOOL LAW DECISIONS. 35 



J. D. Brand v, District Township of Morgan. 



school moneys claimed in this suit. I am therefore compelled to re- 
verse, and do hereby reverse the finding and decision in this case of 
the county superintendent of Dubuque county. Rkvebsed. 

H. A. WILTSE, 
Acting Secretary of Board of Education. 



J. D. Beaxd v. District Towifsmp op Moegan. 

Appeal from Franklin County. 

^UB-DiSTEiCT Boundaries : Change of. Sub-district boundaries may be 
changed only at the regular meeting of the board of directors in "-eptember, 
or at a special meeting called thereafter for that purpose, before the following 
sub-district election. 

It appears from the transcript of the county superintendent, that on 
the 15th day of September, 1862, the board of directors of the district 
township of Morgan, in said county, formed a new sub-district — num- 
ber Four — out of portions of sub-districts numbers Two and Three, 
And that on the first Monday in March, 1863, the electors in said 
sub-district number Four elected a sub-director, and that on the second 
Monday in March, 1863, the electors in said township voted a tax of 
five hundred dollars for the purpose of building a school-house in said 
sub-district nufnber Four. But that on the 28th day of March, 1863, 
the board of directors of said district township dissolved said sub- 
district number Four, and consolidated it with sub-districts numbers 
Two and Three. From this last act of the board of directors an ap- 
peal was taken to the county superintendent, who reversed the order 
of the board: and from this decision of the county superintendent an 
appeal is brought as above. 

It seems from an examination of the case that the only question sub- 
mitted to the superintendent, was that of jurisdiction, to-wit: whether 
the board of directors had authority to change the boundaries of sub- 
diatricts at the time stated, viz: on the 28th day of March. 

I consider this question settled by the commentary of Col. Thos. H. 
Benton, jr., on section 29 of the present school law; hence I need not 
review the points presented by the appellee. Were it an open ques- 
tion I think an examination of said section would bring me to the 
same conclusion as that reached by CoL Benton. Hence I have no 
hesitation in confirming, and do hereby confirm the decision of the 
county superintendent. Affirmed. 

ORAN FAVILLE, 
Secretary of the Board of Education. 

August, 1863. 



26 SCHOOL LAW DECISIONS. 

J. T. Crane v. District Township of Montrose. 

J. T. Cbans v. Disteict Towkship of Montrose. 
A2)peal from Lee County. 

1. Appeal. An appeal may be taken from an order of the board which is 
in effect the affirmance of a former action. 

2. SuB-Di8TKiCT BooNDAEiES : CHANGE OF. The boundaries of sub-dis- 
tricts may be changed at any time between the third Monday in September 
and the first Monday in March following. 

The board of directors of the district township of Montrose in Lee 
county, on the 15th of September, 1862, changed the boundaries of 
sub-districts numbers Six and Seven, transferring the plaintiff from the 
latter to the former. A special meeting of the board was held, at the 
request of the plaintiff, on the 7th of February, 1863, for the purpose 
of "regulating the boundaries of sub-districts numbers Six and Seven, 
and for other purposes;" and it was decided at said meeting "to make 
no change." From this order of the board, the plaintiff on the 16th 
of February, 1863, appealed to the county superintendent, who heard 
the evidence and arguments on the Yth of March, 1863, and on the 
14th of March gave his decision reversing the action of the board in 
the premises and re-instating the plaintiff in sub-district number Seven. 
From this decision of the county superintendent an appeal was taken 
to the secretary of the board of education. 

FranTc Ballinger for appellant. 

J. H. Craig for appellee. 

The counsel for the appellant claims that the decision of the county 
superintendent should be reversed for the following reasons : 

1. The plaintiff was debarred the right of appeal by the statute of 
limitation, 

2. His affidavit was insufficient in not specifying wherein he was 
aggrieved. 

3. The board of directors acts as a local legislature in fixing the 
boundaries of sub-districts, and its acts in this regard are not subject 
to review by the county superintendent. 

4. The fnerits of the case require that the action of the board 
should be sustained. 

The question of jurisdiction having been waived by the appellant, 
on the trial before the county superintendent, the case might be de- 
termined on its merits alone, and the discussion of other points would ■ 
be mere obiter dicta^ were it not that having examined all the testi- 
money and arguments, covering over one hundred pages of manuscript, 
and that other similar causes may arise, we think the questions 
raised should be settled. 



SCHOOL LAW DECISIOIs^S. . 2 7 



J. T. Crane v. District Township of Montrose. 

The counsel on both sides have given the subject thorough investi- 
gation and have cited authorities to sustain their positions. We briefly 
notice the positions taken by the counsel for appellant. 

1. It is claimed that the appeal should have been taken from the 
action of the board in September, 1862; and as the board refused to 
take any action at its meeting in February, 1863, the remedy of the 
plaintiff was mandanius and not appeal. 

The boundaries of sub-districts may be changed at the regular meet- 
ing of the board of- directors on the third Monday in September, or at 
any special meeting called for that purpose, any time between the third 
Monday in September and the first Monday in March; but any changes 
made in said boundaries will not take effect until the first Monday in 
March; consequently no one will acquire any rights or suffer any inju- 
ries during this period in consequence of any such change. The sub- 
ject matter, then, is an open question with the board during the period 
named. 

It is true that if, after the third Monday in September, no special 
meeting is held by the board for the purpose of regulating the bounda- 
ries of sub-districts, its action taken at that time will stand, unless 
appealed from within thirty days; and the person believing himself 
aggrieved by said action may elect either to appeal or to secure a 
special meeting of the board for a redress of his grievances. 

This method of procedure has heretofore been recognized by this 
department. A similar case was brought from Fayette county, and 
the decision rendered by my predecessor was published in the Iowa 
Instructor and School Journal^ July 1, 1863. In that case the board 
of directors at its regular meeting in September, passed a resolution 
changing the boundaries of certain sub-districts ; and at a special meet- 
ing held in December for the purpose of rescinding said resolution, it 
refused to rescind ; but voted in effect to re-affirm its action in Septem- 
ber. 

From this last order of the board an appeal was taken to the county 
superintendent, who entertained the appeal and reversed the action of 
the board in the premises. 

In the present case the board held a special meeting in February, for 
the purpose of regulating the boundaries of sub-districts numbers Six 
and Seven ; in other words to rescind its action relating thereto at 
its meeting in September, thus re-opening the question de novo ; and 
its refusal to reverse its former action was equivalent to re-affirming its 
previous decision. 

2. The law says, "the affidavit shall set forth the errors complained 
of in a plain and concise manner." It must be sufficiently explicit to 
enable the county superintendent to determine from what decision of 
the board, and when made, the plaintiff appeals, and what are the 
grounds of complaint. It is not necessary that the affidavit shall state 
all the facts that are expected to be established by the testimony. It 
must contain sufficient data to initiate the appeal. 

The affidavit in question, besides recounting the supposed errors of 
the board in changing the boundaries of the sub-districts, states partic- 
ularly that affiant's children had been dismissed from school without 
cause. 



28 . SCHOOL LAW DECISIONS. 



J. T. Crane v. District Township of Montrose. 

The county superintendent was not only justified in entertaining the 
appeal, but under the circumstances, would have been culpable in dis- 
missing it ; for affiant's children had been dismissed from the school 
where they had a perfect right to attend until the first Monday in 
March, even if the action of the board in changing the boundaries of 
the sub-districts were affirmed. 

3. It is true the board of directors acts as a " local legislature " 
in regulating the boundaries of sub-districts, but it does not follow that 
it may not commit errors, or that those errors cannot be corrected by a 
competent tribunal. The decision of the board is compared to the 
finding of a jury on simple matter of fact, which cannot be reviewed 
at common law. But if the verdict be perverse, or if any of the jury 
be guilty of misconduct, the court may direct a new trial. 

The law of appeal makes no distinction in the class of cases that is 
subject to review, with this exception that no judgment shall be ren- 
dered for money. The object of the law would in a great measure be 
defeated if the decision of the board affecting the boundaries of sub- 
districts were not subject to review, for there are few questions in 
regard to which men are more sensitive than where they shall send 
their children to school ; and it would seem an arbitrary abuse of 
authority for the board to decide that A shall send his children and pay 
his taxes in number Six, and that B shall send his children and pay his 
taxes in numbel" Seven, without notice, without hearing and without 
remedy. 

4. But the counsel for appellant claims that if his first, second, 
and third positions are not sustained, the decision of the county super- 
intendent should be reversed on the ground of justice and equity. 

It is claimed that th« plaintiflT was removed from sub district number 
Seven, to number Six, mainly for two reasons : first, because objections 
were entertained against him and especially against his children by the 
people in sub-district number Seven ; second, because the transfer of 
plaintiff to number Six would enable that sub-district to build a school- 
house which it could not do without such transfer. 

The testimony does not establish the first point. It nearly all goes 
to show that the plaintiff is "a good neighbor and that his children are 
as good as the average." 

The only position remaining has regard to equalizing taxation for 
the purpose of building school-houses. Here the counsel for appellant 
makes a strong point. He claims that sub-district number Seven is 
wealthy and has a school-house paid for, that sub-district number Six 
is smaller and has not sufficient taxable property — at the maximum levy 
— to build a school-house in forty years ; and moreover that it has been 
the custom for each sub-district to build its own school-house. 

The records show that prior to 1861 the plaintiff was attached to 
sub-district number Six; but that, on application, he was that year 
transferred to number Seven. The testimony does not show when the 
school-house was built in number Seven, nor whether the land on 
which plaintiff resides has ever been taxed to build a school-house. 

If the school-house was built prior to 1861 — and we infer that it 
was — the reason for transferring plaintiff to number Six, now would 



SCHOOL LAW DECISIONS. 



29 



Jane Brown v. District Township of Richland. 



have retained him there then. Montrose is comparatively an old and 
well settled district, and the necessity for a school-house must have 
been apparent in 1861, as well as in 1862. The inequality in the num- 
ber of pupils and the shape of the territory of each sub-districi we do 
not in this case consider essential. Personal convenience and private 
advantage, should generally, perhaps always, be secondary to the public 
accommodation and the common good. The genius of our institu- 
tions requires this, and nowhere is the application of this principle 
more appropriate than in the administration of the school law. 

We have found some difficulty in determining the case before us; 
for the record does not disclose facts sufficient to make it entirely 
clear. 

The county superintendent gave the case a fair and patient hearing, 
and after due deliberation decided "that neither justice, equity nor the 
interests of the people" required that the plaintiff should be transferred 
from sub-district number Seven to sub-district number Six; and he ac- 
cordingly reversed the action of the board in the premises, and his 
decision is Affiemed. 

ORAN FAVILLE, 
Superintendent of Public Instruction. 

July 29, 1864. 



Jane Brown et al. v. District Township of Richland. 
Appeal fro'tn Tama County. 

1. SuB-DiSTEicT BouNDAKiES ; Change of. In changing sub-district bounda- 
ries, both the present and the future welfare of the district should be con- 
sidered. 

2. Sob-District. It is better to have large sub-districts with good school- 
houses well furnished, than small sub-districts with small and poorly fur- 
nished school-houses. 

The board of said district township, at their regular meeting in 
September, 1864, changed the boundaries of certain sub-districts, 
whereby sub-distriot number Seven and a portion of sub-district num- 
ber One, were attached to sub-district number Five. 

From this order of the board an appeal was taken to the county su- 
perintendent who, after a full and fair investigation of the case, sus- 
tained the action of the board. From his decision an appeal is brought 
to the superintendent of public instruction. 

It is not claimed that either the board of directors or the county 
superintendent committed errors in law or exceeded their jurisdiction. 
Everything seems to have been done fairly and openly, and a final 
3 



30 SCHOOL LAW DECISIONS. 



Sarah E. Smith v. District Township of Albion. 

decision of the case is asked for solely on the ground of equity and 
justice. 

Appellants claim that sub-district number Seven has a good school 
of thirty-four scholars, and that by the proposed change, three-fourths 
of these pupils will be cut off from school privileges in consequence 
of their distance from the proposed site of the new school-house. 

But it is shown by testimony that by building a bridge across a cer- 
tain stream the distance will be diminished, so that all parties will be 
accommodated. But there is no assurance in the record before us that 
the bridge will be built this year or next. Meanwhile a large number 
of children may be deprived of school. As a general rule it is better 
to have large sub-districts with good school-houses well furnished, 
than to have small sub-districts with small and poorly furnished school- 
houses. 

We believe the board had in view the welfare of the whole district, 
as did also the county superintendent in confirming their action, but 
we can see no injustice in this case in allowing the sub-districts to 
remain another year without change, or until the proposed bridge is 
built. The reason for consolidating the sub-districts noto will prob- 
ably exist then, and the occasion for complaint will then be removed. 

In this view of the case we feel compelled to reverse the decision 
of the county superintendent. 

Reversed. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

March 1, 1865. 



Saeah E. Smith v. District Township of Albion. 

Appeal from Howard County. 

Teachers: Riglit of , to inflict punishment upon (hew pupils. A school-master 
who stands in loco parentis may, in proper cases, inflict moderate and reason- 
able chastisement. The law confides to teachers a discretionary power in the 
infliction of punishment upon their pupils, and will not hold them respon- 
sible criminally, unless the punishment be such as to occasion permanent 
injury to the child, or be inflicted merely to gratify their own evil passions. 

The record in this case shows that the plaintiff, Sarah E. Smith, en- 
tered into a contract with the sub- director of sub-district number Two 
in said district township, to teach a school for four months, com- 
mencing on the 19th of December, 1864. That she commenced her 
school accordingly, and taught until the 30th of January, 1865. That 
on the 29th of January she was notified to meet the board of directors 
to answer to the charge of undue severity in chastising one of her 



SCHOOL LAW DECISIONS. 3]^ 

Sarah E. Smith v. District Township of Albion. 

pupils; that she attended the meeting of the board and made her de- 
fense, but the board decided to expel her from her school, paying her 
for the time she had taught. From this action of the board she ap- 
pealed to the county superintendent, who reversed the order of the 
board, and from the decision of the county superintendent an appeal is 
brought to the superintendent of public instruction. 

L. Bullis for appellant. 

J. L. Ji'oster for appellee. 

It is claimed on the part of the board that the county superintendent 
had no jurisdiction, and that he erred in entertaining the appeal and 
reversing the order of the board; but having gone to trial before the 
county superintendent, and having submitted the case, after making 
their defense, they can not now plead want of jurisdiction. 

The testimony shows that the pupil, a boy of some twelve years of 
age, did not like the seat assigned him by the teacher and asked per- 
mission to go out, which was given; that he started toward home; that 
the teacher called to him to come back, threatening to punish him if 
he disobeyed; that he went home and remained out of school about a 
week; that at the close of the school on the day he returned, the 
teacher reminded him of the punishment threatened, and proceeded 
to administer it, striking him over the shoulders and back with a whip 
famished by one of the pupils; that the boy resisted, striking back, 
snatching away the' whip, and using bad language ; that the teacher 
obtained another' whip — a willow switch — and administered several 
strokes with it, some of which were across his head and face, in con- 
sequence of which one of the boy's eyes was apparently injured. An 
older brother of the boy then interfered, and the " affray ended." 

It does not appear that the teacher punished hastily or in anger, or 
that it would have been too severe, or improperly administered, had 
the boy not resisted. It is doubtful whether the resistance justified the 
teacher in striking the boy across the head and thereby causing an 
injury — fortunately temporary — to one of his eyes. The county super- 
intendent regarded this as accidental, and as no permanent injury was 
sustained, justified the teacher. 

Much has been written during the last twenty-five years in regard to 
the proper means to be used for maintaining the authority of the teacher 
over the pupil's. We can remember when the whip was applied very 
frequently and very severely — when the pupil obeyed from fear of pun- 
ishment, and not from any sense of duty or of respect for authority. 
Since that time there has been a great change; appeals to reason, to a 
sense of duty and to right have been successfully used by the most 
competent teachers. In many schools the rod is excluded, and yet 
ready and cheerful obedience is secured from the pupils. We wish 
such a result could be reached in all the schools; that the teacher could 
inspire the pupils with such a love for order — for good government 
and for rightful authority; with such a love for right doing and such a 
hate for wrong-doing, that it would only be necessary to point out the 
path of duty instead of the command to walk in it. While family 
government and the public sentiment of some communities may render 



32 SCHOOL LAW DECISIONS. 



Sarah E, Smith v. District Township of Albion. 

such a course possible, the want of family government and the loose 
reins given to " Young America,''^in many communities require strong 
and physical force to hold in subjection unsubdued nature. 

All admit that the teacher must maintain authority, and for that pur- 
pose he is sustained by the highest authorities in inflicting moderate 
punishment. 

In Kent's Commentaries, 9th edition, volume 2, page 222, is the fol- 
lowing: "A school-master who stands in loco parentis, may in proper 
cases inflict moderate and reasonable chastisement." 

In Wharton's American Criminal Law, 5th edition, Vol. 1, page 669, 
is the following: 

" The law confides to school-masters and teachers a discretionary 
power in the infliction of punishment upon their pupils, and will not 
hold them responsible criminally, unless the punishment be such as 
to occasion permanent injury to the child, or be inflicted merely to 
gratify their own evil passions." 

State V. JPendergrass, 2 Dev. and Bat. 407. 

" On the trial of an indictment of a school-tnaster for an assault on 
a pupil, the judge refused to instruct the jury that the defendant was 
criminally liable for punishing a pupil only when he acted malo 
animo, from vindictive feeling, passion or ill-will, or inflicted more 
punishment than was necessary to secure obedience, and not for error 
of opinion or judgment, provided he was governed by an honest 
purpose to promote discipline and the highest welfare of the school, 
and the best interests of the child; and instructed the'm that in inflicting 
corporal punishment a teacher must exercise reasonable judgment and 
discretion, and be governed as to the mode and severity of the punish- 
ment by the nature of the ofiense, the age, size, and apparent powers 
of endurance of the pupil." Commonwealth v. Randall, 4 Gray, 
(Mass.) 36. 

"If there is any reasonable doubt that the punishment was excessive, 
the master should have the benefit of it." — Lander v. Beaver, 32 Vt., 
(3 Shaw) 114. 

We add the following as having some bearing on this case : 

"Though a school-master has in general no right to punish a pupil 
for misconduct committed after the dismissal of a school for the day, 
and the return of the pupil to his home, yet he may, on the pupil's 
return to school, punish him for any misbehavior, though committed 
out of school, which has a direct and immediate tendency to injure the 
school and to subvert the master's authority." Lander v. Seaver, 
supra. 

Many other authorities might be cited establishing the authority of 
the teacher to inflict punishment necessary for securing obedience to 
reasonable rules. As it is not shown in this case that the rules were 
unreasonable or the punishment severe, (the teacher must have the 
benefit of the doubt in regard to the manner of punishing,) the decis- 
ion of the county superintendent is 

Afpiembd. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

April 22, 1865. 



SCHOOL LAW DECISIONS. 33 

Nathaniel Taylor v. District Township of Makee. 

Nathaniel Tayloe v. District Township of Mak.ee. 
Ajopeal from Allamakee County. 

1. Jurisdiction. The affidavit must show that the affiant is a citizen in- 
juriously affected by the action of the board, giving sufficient data to estab- 
lish his claim to a hearing. 

2. ' Affidavit need not show special personal grievance. 

At the regular meeting of the board of directors of said district 
township in September, 1864, portions of sub-district number Four 
were set off to sub-districts numbers Five and Seven. From this ac- 
tion of the board an appeal was taken to the county superintendent, 
who reversed the order of the board for two reasons, viz: " A major- 
ity of the board had not voted for such change, nor did justice and 
equity demand it." Notwithstanding this decision, a special meeting 
of the board was called to consider the sanie question, at which meet- 
ing a majority of the board voted to make the same changes as had 
been attempted at the regular meeting. An appeal was again taken, 
and the cbunty superintendent again reversed the order of the board, 
and from his decision an appeg,l is brought to the superintendent of 
public instruction. 

X. 0. Hatch for appellant. - 

Charles Paulh for appellee. 

Counsel for appellant presents a well considered, logical argument, 
attempting to show that the county superintendent bad no jurisdic- 
tion, assigning as reasons that the affidavit was not sufficient to initiate 
the appeal, and that the superintendent erred in entertaining the mo- 
tion to amend. 

The law relating to appeal is embraced in a few brief sentences, and 
much must be left to the discretion and good sense of those adminis- 
tering it, provided always that "justice and equity are impartially me- 
ted out." 

The law does not state just how much the affidavit must contain. It 
need not recite all the facts relating to the case. See Crane v. Dis- 
trict Toionship of Montrose. It must show that the affiant is a 
citizen injuriously affected by the action of the board, giving sufficient 
data to establish his claim to a hearing. 

The affidavit in question shows that the order of the board takes 
territory from a comparatively small sub-district that has no school- 
house, and adds to it a large sub-district having a school-house. That 
the affiant in common with the other residents of the said sub-district 
thus diminished, is aggrieved. That one item in the grievance is shown 
in the resolution of the board attempting to regulate the prospective 
taxes on the said territory, thus clearly indicating that each sub-dis- 
trict was accustomed to raise its own school-house fund. 



34 SCHOOL LAW DECISIONS. 



D. E. Stine v. District Township of Wahkonsa. 

The motion to dismiss the case was therefore very properly over- 
ruled. 

The position of appellant's counsel that the affiant must show a spe- 
cial personal grievance to entitle him to a hearing, is not, in our opinion, 
well taken. 

Any other resident of said sub-district was equally entitled to a hear- 
ing, and was, in one sense, equally aggrieved. Affiant appeals for 
himself, and it may be assumed in behalf of his sub-district. The 
grievance was general as well as personal; affiant's iujury may be small, 
but the aggregate injustice to the sub-district may be great. To as- 
sume that the plaintiff has no cause of action or can not " get into 
court," unless his petition or affidavit shows that the action of the board 
especially injures him, would effectually exclude all hope of redress in 
cases similar to the one under review. 

Believing that the affidavit shows sufficient cause for a hearing we 
need not notice the argument tending to show that the superintendent 
erred in entertaining the motion to amend. 

It may be assumed that the law enjoining certain duties on any offi- 
cer, clothes that officer, in the absence of express limitations, with au- 
thority to use the requisite means for the performance of those duties. 

In the administration of the school laws the statutes must be liber- 
ally construed; and nice technicalities must not debar the claims of 
equity. 

We have no hesitation therefore in agreeing with the county super- 
intendent. 

Affirmed. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

June 1, 1865. 



D. E. Stinb v. District Township of Wahkonsa. 
Appeal from Webster Coimty. 

Records : Defective. May be amended. 

The board of supervisors of said county at their regular meeting in 
January, 1865, set off certain territory from the township of Washing- 
ton to the township of Wahkonsa. On the 28th day of the same 
month the board of directors of the district township of Wahkonsa 
made an order conforming the boundary of said district township to 
that of the civil township, and attaching the annexed territory to sub- 
district number One, of the said district township. From this order 



SCHOOL LAW DECISIOKS. 



35 



Jacob Markle v. District Townsliip of Maquoketa. 



an appeal was taken to the county superintendent, who reversed the 
action of the board, and from his decision the board appeals, 

G. W. JSdssett for appellant. 
No appearance for appellee. 

The only point in issue in this case is whether the board complied 
with the law in changing the boundaries of the district. 

The record of the board is defective in not more particularly de- 
scribing the territory in question and in not having a plat showing the 
change of boundaries. The record however shows that provision was 
made for furnishing such a plat, and that the board had attempted in 
good faith to regulate the boundaries of the district in accordance with 
a petition of the people to the board of supervisors. 

The law does not limit the time within which the plat shall be made 
and recorded, and as alterations in district boundaries do not take effect 
until the first Monday in March, the board should have until that time 
to complete their records. 

The county superintendent decides that the board acted in good 
faith and for the best interests of the public; and we think he should 
have allowed the board to correct and perfect the district records. 

Reveesbd. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

June 12, 1865. 



Jacob Maekle v. Disteict Towi^ship op Maquoketa. 

Appeal frotn Jackson County. 

School-House Tax. When the electors of a sub-district have determined 
and certified a sum of money to the district township meeting for the pur- 
pose of erecting a school-house, the maximum rate should be levied from 
year to year until the whole amount is raised. 

On the first Monday in March, 1864, the electors of sub-district 
number Five, in said district township, adopted the following resolu 
tion : 

^^ Resolved, That the district township be requested to levy a tax 
on the taxable property of the district township sufficient to raise the 
sum of eight hundred dollars for erecting a school-house in this sub- 
district number Five." 

The district township electors at their annual meeting refused to 
vote any sum for building a school-house in said sub-district; but the 



36 SCHOOL LAW DECISIONS. 



Sol. McReynolds v. District Townsliip of Competine. 

board of directors at their regular meeting in April following, voted a 
tax of ten mills on the dollar on the taxable property of sub-district 
number Five. 

Also at the regular meeting of the board of directors of said district 
township in April, 1865, it was decided to levy another tax often mills 
on the dollar on sub-district number Five, though no vote for that pur- 
pose had been reported from the annual meeting of the sub-district. 
From this decision of the board an appeal was taken to the county 
superintendent, who sustained the action of the board, and from his 
decision the plaintiff appeals. 

The only question to be determined is whether the board had 
authority to levy this second tax without a vote of the electors request- 
ing it. 

The law conferring authority to vote a tax fixes the maximum levy 
for one year, but does not limit the gross amount that may be raised 
for school-house fund. 

It is optional with the electors to determine by vote the gross amount 
needed, or to vote each year a certain per cent, of tax for school-house 
fund. When the electors request a tax of a certain number of mills 
on the dollar, it is the duty of the board to simply execute their request; 
but where a gross amount is voted without designating the per centum, 
it is the duty of the board to levy a tax at the maximum rates from 
year to year, until the whole amount is raised. 

Under this construction of the law the board was justified in levying 
a tax for 1865, and the decision of the county superintendent is 

Affirmed. 

ORAN FAVILLE, 

Superintendent of Public Instruction. 
July 11, 1865. 



Sol. McRErNOLDS v. Disteict Township of Compbtinm. 

Appeal from Wapello County. 

Appeal: Waiver of right of. Where an agreement between the parties 
stipulates that the decision of the county superintendent shall be iinal, the 
case will not be heard by the superintendent of public instruction on appeal. 

The affidavit in this case was filed in this office on the l7th day of 
July, 1865, and on the same day the county superintendent was duly 
served with notice of the filing and directed to send up a transcript of 
the record of the proceedings in the case within thirty days from said 
day named. 

On the first day of August, 1865, a paper certified by the county 



SCHOOL LAW DECISIONS. 37 



John A. Mcintosh v. District Township of Galland's Grove. 

superintendent to be the only record made by him on the trial of the 
cause before him, was duly filed. This transcript develops the fact 
that on the trial counsel on both sides agreed that the ruling of the 
county superintendent, rendered after having duly considered the evi- 
dence and argument of counsel, should be received as a final determi- 
nation of the cause, and that no appeal should be taken in the premises. 

Hendershott & Burton for appellant. 

No appearance for appellee. 

"The court of appeals has the power to enforce a mutual stipulation, 
made between the parties in the court from which the appeal is taken, 
by which they agreed that the decision should be final, and that no 
appeal should be taken. The duty of hearing appeals involves the 
jurisdiction to determine whether a particular case is properly before 
the court on appeal, and to dismiss it, if brought in violation of the 
agreement of the parties." See syllabus to Totonsend v. JIasterson, 
etc., Stone Dressing Company, et al., 15 N. Y. Rep., page 587 ; 
and closing portion of the opinion of Dbnio, C. J., in same case, page 
589, as follows : "We should not regard any less authentic evidence 
of such an arrangement than a plain stipulation in writing ; but when 
we are furnished with such evidence, and especially when the court 
from which the appeal is taken has sanctioned the agreement by 
making it a part of the record, (as in the case at bar,) we ought to en- 
force it by refusing to pass upon the questions which have thus 
formally been waived." 

In view of the foregoing, it is considered that the right of appeal 
has been waived by the parties in making this agreement ; that the 
case is not properly before this tribunal for its adjudication, and the 
same is therefore Dismissed. 

ORAN FAVILLE, 
Superintendent of Public Instruction. 

August 2, 1865. 



JoHx A. McIntosh v. DrsTEicT Tov^NSHip OP Galland's Geove. 
Appeal from Shelby County. 

School-House : Pmuer of the Board to build. If in their judgment the 
wants of a sub-district require, the board are empowered to erect a school- 
house without action on the part of the electors of the sub-district. 

The plaintiff appeals from the action of the board of directors, in 
approving a contract for building a school-house in the sub-district of 
which the plaintifi" is a resident, for the following reasons : 
4 



38 SCHOOL LAW DECISIONS. 



John A. Mclntosti v. District Townsliip of Galland's Grove. 

1. " The house was ordered to be built against the wishes of a ma- 
jority of the electors of said sub-district." 

2, "A house was already leased for school purposes, and there was 
no need of a new house." 

The county superintendent investigated the case and set aside the 
action of the board in the premises, and from this decision the board 
appeals. 

The record shows that a lease was executed in February, 1863, for 
the use of a house for school purposes in said sub-district for five 
years. This contract was signed by the lessor and the sub-director; but 
there is no evidence that it was approved by the board or signed by 
its president. No objection however seems to have been made to the 
lease on this account. Strict construction of the law, however, would 
not consider this a valid lease. 

At the annual meeting of the electors in said sub-district in 1864, a 
resolution was adopted requesting the district township meeting to 
levy a tax of five mills on the township for the purpose of building a 
school-house in said sub-district. It seems that no action was taken 
by the board that year; but at its regular meeting in April, 1865, the 
board authorized the building of a school-house in said sub-district, 
although no action was taken by the electors at their annual meeting 
in March previous. 

The superintendent reversed the action of the board for the follow- 
ing reasons: 

1. The board has no right to build a school-house unless asked to 
do so by the electors of the sub- district. 

2. The sub-district in question had a house leased for school pur- 
poses for a term of years. 

3. The district has no right to force a house upon a sub-district. 
The first and second positions of the superintendent are not well 

taken; for the evidence shows that the electors in 1864 did request a 
tax to build a house, as the request was not withdrawn in 1865, it was 
still before the board; second, admitting that the lease was valid, the 
circumstances of the sub-district may have changed so as to require a 
new house, and this may be inferred from the fact that a tax was re- 
quested in 1864. 

His third proposition may, as a general rule, hold true. Yet there 
are cases where the electors of a district township would doubtless be 
justified in voting a tax to build a house in a sub-district not requesting 
it. There may possibly be communities feeling so little interest in the 
education of their children that they are not willing to bear a share of 
the expenses necessary to maintain schools. In such cases there 
should be a power somewhere to see that schools are provided, and 
that power must rest with a majority of the electors of the district 
township and with the board of directors. 

In the above case we feel compelled to difi'er with the county super- 
intendent, and his decision is 

Reversed. 
ORAN FAVILLE, 
Superintendent of JPublic Instruction. 

November 15, 1865. 



SCHOOL LAW DECISIONS. 39 



August Steigelder v. District Townslaip i;f German. 



August Steigelder v. District Towxship of German". 

Appeal from Keohuh Coicnty. 

School-House Site : Location of. The county suijerintendent, on appeal, 
may fix the site for a school-house. 

The records in this case show that the board of directors in said dis- 
trict fixed a site for a school-house in one of the sub-districts of said 
township; that an appeal was taken to the county superintendent who 
reversed the action of the board; that the board fixed another site, and 
that an appeal was again taken to the county superintendent, who 
again reversed the order of the board, and then fixed a neio site for 
the school-house, and that the board now appeals from this order of 
the county superintendent fixing the site for the school-house, to the 
superintendent of public instruction. 

The main point relied upon in the argument of appellant is that the 
county superintendent exceeded his authority in the premises; that 
he had no jurisdiction in the matter further than to reverse or affirm 
the order of the board. The 23d section of chapter 1 of the school 
laws, and the "explanatory notes" are relied on to justify this position. 

This question has never before, we believe, been officially deter- 
mined, and it is to be regretted that the law providing for appeals 
should be so expressed as to leave a doubt as to its meaning. Section 
129, page 72 of the law says, "he, (the county superintendent) shall 
make such decisions as may be just and equitable," etc. Do these 
words limit the suj)erintendent to simply affirming or reversing the ac- 
tion of the board? If so the object of the law inight be defeated, and 
questions of the kind under review might never be settled; for the 
board could fix a new site so near the one rejected by the county su- 
perintendent, as to make it equally objectionable, and thus there might 
be no end to appeals, and the people, meanwhile, might be deprived 
of schools. The design of the law of appeal is to redress grievances, 
to correct errors of the board, and to make such just and equitable de- 
cisions as shall promote the interests of our public schools. But we 
are relieved from the necessity of discussing this question at length, 
by the opinion of the attorney general, published in the April number 
of the Journal. We quote the conclusion of his opinion: "Matters 
of both law and fact are brought on appeal. When the matter ap- 
pealed comes before the county superintendent he is to hear testimony 
and try and determine the whole matter in issue. In this case the 
matter in issue is the proper site to be fixed for a school-house, and 
this he is to determine. The case does not come before him merely to 
correct an error of the board of directors, but to hear and decide the 
same matter that the board had decided. I think that the county su- 
perintendent is not limited to a reversal or affirmance of the action of 



40 SCHOOL LAW DECISIONS. 



Dobbins and Briggs v. District Townsliip of Salem. 

the board, but he determines the same question which it had deter- 
mined, and, that in the case stated, the county superintendent is the 
proper party to fix the site of the school-house." — School Journal^ 
April, 1866. 

Guided by the opinion of our highest legal adviser, the decision of 
the county superintendent is 

Affirmed. 
ORAN FAYILLE, 
Superintendent of Public Instruction. 
April 12, 1866. 



Dobbins and Bkiggs v. District Township of Salem. 
Appeal from, Henry county. 

1. Appeal. An appeal will not lie from an order of a board of directors 
initiating a change in the boundaries of the district township, where the con- 
currence of the board of an adjoining district township is necessary to effect 
the change. 

2. Jurisdiction. The superintendent's jurisdiction on appeal is not greater 
than that of the board from whose action the appeal is taken. 

In January, 1866, the appellees and others, presented a petition to 
said board, requesting a change in the boundaries of said district town- 
ship, so that certain residents therein might be set off to the inde- 
pendent district of Salem. 

The board decided not to grant the request of petitioners; from 
which decision an appeal was taken to the county superintendent, who 
after a protracted and patient investigation, reversed the decision of 
the board, and ordered changes to be made in the boundaries of the 
district township, by which certain territory was transferred to the in- 
dependent district, and from his decision an appeal is taken to the su- 
perintendent of public instruction. 

T. W. Woolson, for appellants. 

No appearance for appellees. 

This is an interesting case from the fact that it presents a question 
not before determined, to-wit: whether the county superintendent has 
jurisdiction in a matter requiring the concurrent action of different 
school boards. If this question is answered in the affirmative, then 
the various points raised by counsel must be examined, and the case 



SCHOOL LAW DECISIONS. 



41 



C. W. Johnson v. District ToAvnship of Monroe. 



must be determined on its merits; but if answered in the negative, no 
discussion of the various issues raised is necessary. 

It has heretofore been held, and is still held, that the county super- 
intendent has authority to affirm or reverse the action of school boards 
in changing the boundaries of sub-districts; but all cases of this kind 
hitherto determined have been confined to the action of boards affect- 
ing territory within their respective district townships. The present 
case relates to the transfer of territory from the district township, under 
the control of one board, to the independent district under the jurisdic- 
tion of another board. The cases are not analogous. In the former 
case the board has complete authority, and the action taken is final, 
unless reviewed within a limited time; but in the latter case, one board 
initiates a movement which is completed or not at the option of 
another board. In other words, neither board has complete jurisdic- 
tion; and it necessarily follows that the county superintendent having 
only appellate jurisdiction, cannot assume original jurisdiction and do 
what the board could not do from whose action the appeal was taken. 

Having arrived at this conclusion, in which we are sustained by the 
attorney general, we feel obliged to disagree with the county super- 
intendent, and his decision is therefore 

Reveesei). 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

July 23, 1866. 



C. W. Johnson v. District Township op Moneob. 

A2Jpeal from Madison County, 

ScHOOL-HorsE Tax. Where it has been the uniform custom to apportion 
the school-house tax among the several sub-districts, the board are not gov- 
erned by a vote of the electors instructing them to levy the tax directly upon ' 
the property of a sub-district. 

In April, 1866, the board of directors of said district township 
decided to levy a tax for building a school-house in sub-district number 
One, on the property of said sub-district, instead of apportioning it 
among the several sub-dietricts. From this decision an appeal was 
taken to the county superintendent, who .reversed the action of the 
board, and from his decision an appeal is brought to this office. 

Leonard <& Mot( for appellee. 

The evidence shows conclusively that it has not been the custom for 
each sub-district to build its own school-house, and the only reason the 



42 SCHOOL LAW DECISIONS. 



M. L. Devin v. District Township of Bloomfleld. 

board can assign for its action is an expression of the electors of the 
district township that hereafter each sub-district be required to build 
its own school-house. 

The law is plain and positive on this subject, and it is extremely 
doubtful whether the electors can instruct the board to pursue a course 
contrary to that laid down in the law. If such a vote of the electors 
is binding at all on the board, it should be a unanimous vote of all the 
electors of the district township ; and even then the board would not 
be justified in acting contrary to justice and equity. 

The county superintendent in his decision says, "The board of 
directors therefore should have apportioned the amount necessary to 
build a school-house in sub-district number One among the several 
sub-districts, taking as a basis of apportionment the amounts previously 
levied on said sub-districts, for school-house fund." 

I entirely agree with the county superintendent, and his decision 
is Affirmed. 

ORAN FAVILLE, 
Superintendent of Public Instruction. 

August 10, 1866. 



M. L. Devin v. District Township of Bloomfield. 
Appeal from Polk County. 

1. Records : Irregularity or defect in. An irregularity or defect in the rec- 
ords of the board, which does hot injuriously affect the interests of any, and 
is not of itself a violation of law, will not render invalid their official actions 
in relation thereto. 

2. Notice. Business transacted at a sub-district meeting convened at the 
usual time and place is not rendered illegal by the absence of the required 
written notice. 

In February, 1866, the board of directors of said district township, 
among other changes made in sub district boundaries, formed a new 
sub-district called number Six. At the regular meeting of the new 
board in April, it was decided not to admit the sub-director from sub- 
district number Six on the ground of irregularity or illegality in form- 
ing said sub-district. From this decision an appeal was taken to the 
county superintendent, who reversed the decision of the board, and an 
appeal is now brought to the superintendent ot public instruction. 

McHerhry <&, Kendall for appellant. 

R. G. S B. M. Orwig for appellee. 

The reason assigned for rejecting the sub-director from number Six 
is, that the notice for the special meeting to redistrict the township 
was not in writing, citing a decision of the superintendent of public in- 



SCHOOL LAW DECISIONS. 



43 



M. L. Devin v. District Township of Bloomfleld. 



struction, published in the October number of the School Journal, 
1865. As that decision has been approved by the attorney general, we 
will only refer to it by stating that it was made for the purpose of in- 
troducing a uniform practice and preventing, in some degree, too fre- 
quent and sudden changes in district boundaries and of protecting the 
rights of members and the interests of sub-districts. 

It sometimes happens, (as in the case referred to in the Journal) 
that a verbal notice is indefinite, and members thus excuse themselves 
from meetings of the board and justify themselves on the ground of 
insufficient notice. 

In the present case everything seems to have been done in good 
faith and to the satisfaction of all the members of the board, and of all 
the electors of the district township, otherwise an appeal should have 
been taken within the time fixed by law. The district record says: 
"A special meeting called by the president at the school-house in sub- 
district number Four, for the purpose of redistricting the district town- 
ship of Bloomfleld, on Saturday, February 24, 1866, all the board 
being present." 

The boundaries of each sub district are there defined, and at the an- 
nual meeting in March, sub-directors are elected, and no objections 
are raised, until the new board meets in April. Now it is not claimed 
that any injustice was done or that any interest suiFered for want of a 
written notice. Had this been shown, there might, perhaps, have been 
some valid reason for rejecting the sub-director from number Six. 

The law requires a written notice for the annual sub-district meeting; 
but if in the absence of any notice the electors meet at the usual time 
and place, and in good faith transact the usual business of the annual 
meeting, the acts of such meeting are just as legal as though called by 
a written notice. 

The record shows that a special meeting was called for a specified 
purpose, and that that purpose was accomplished; and if any one was 
aggrieved by said action, his remedy was in an appeal. Moreover, if 
sub-district number Six was not legally established, then it follows, 
evidently, that none of the sub-districts in said township were legally 
organized, for their boundaries were defined at the same time that 
number Six was formed. 

The learned counsel for the appellant have cited many authorities 
to show that a defective record is presumptive evidence of illegality. 
But while all the material statements of the record are admitted, and 
no evidence is introduced to disprove them, we cannot make an appli- 
cation of the precedents referred to. We confess that we cannot see 
the force of the statement, that because sub-district number Three is 
described incorrectly therefore sub-district number Six must be re- 
jected. 

The county superintendent carefully investigated this case and ar- 
rived at the conclusion that the board had no authority to reject the 
sub-director from sub-district number Six; and his decision is 

Apfibmed. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

September 6, 1866. 



44 SCHOOL LAW DECISIONS. 



Orpheus King and Wm. B. King v. District Townsliip of Spring Creek. 



Okphbus King and Wm. B. King v. District Township of Spring 

Creek. 

A2)peal from Tama County. 

Jurisdiction. The decisions of the county superintendent are reviewed 
upon evidence submitted at the time of the trial before the county superin- 
tendent. 

Two appeals were brought from said county, but from the same 
district township and having reference to the same subject, hence they 
are reviewed as one case. 

In May, 1866, the board of directors of said district township, lo- 
cated the sites for school-houses in two sub districts; appeals were 
taken to the county superintendent who investigated both cases, and 
affirmed the action of the board in one case, and reversed it in the 
other, and fixed a new site; and from his decision appeals are brought 
to this department. 

The only record evidence furnished by the transcript of the county 
superintendent relates to the meeting of the directors when the sites 
were fixed. There is no reference to any previous location by the old 
board, no mention of a lease, nor of contracts for building school- 
houses on sites, now claimed by appellants to have been previously lo- 
cated; no account of money orders issued on contracts — in short, none 
of the proofs, now presented by appellants to show want of jurisdic- 
tion in the new board and consequently in the county superintendent, 
were ofiered in the appeal from the county superintendent. We can- 
not admit as evidence what was not introduced in the former investi- 
gation. Ample time was given to all concerned to present both sides 
of the question. The county superintendent examined the several lo- 
cations in question, and in making his decision took into account the 
prospective as well as the present want of the sub-districts. This was 
eminently proper in accordance with the spirit of the law, and we 
doubt not in accordance with the wants of the localities in question; 
for as new settlers are constantly coming in, the center of population 
is liable to be changed, and a school-house built this year to accom- 
modate three or four families, might next year be inaccessible to half- 
a-dozen families. 

We trust all parties will cheerfully acquiesce in the decisions of the 
county superintendent, which are hereby 

Affirmed. 
ORAN FAVILLE, 
Superintendent of Public Instruction. 

October I, 1866. 



SCHOOL LAW DECISIONS. • 45 



C. D. Flynn v. District Township of Whitebreast. 



C. D. Fltxn v. District Tqwnship of Whitbbbeast. 

A2}peal from Lucas County. 

Sub-District Boundaries : Change of. The county superintendent may, on 
appeal, re-district. A refusal by the board to act upon a petition to re-district 
is an act from which an appeal will lie. 

In September, 1866,, plaintiff and others presented to defendants a 
petition to re-district the township; and a motion was adopted to "re- 
district the township as they thought best for the interests of the town- 
ship and of the people." At a special meeting held in November to 
carry out that action, the former motion was reconsidered, and a mo- 
tion adopted to let the boundaries of the sub-districts remain as they 
were. From this decision of the township board, plaintiff appealed 
to the county superintendent who dismissed the case on the ground 
that the board, having made no change in the sub-district boundaries, 
there was no action to appeal from, the plaintiff was not aggrieved, 
and hence the county superintendent has no jurisdiction. 

Warren, S, Dungan, for appellant 

Stuart Brothers^ for appellees. 

The question of the jurisdiction of the county superintendent in this 
case, is the only one which requires examination. 

The counsel for appellees confines his argument to two points: 

1. " The county superintendent has no jurisdiction, either original 
or appellate, over the question of fixing or changing the boundary 
lines of sub-districts." 

2. "If the county superintendent has appellate jurisdiction to re- 
view the action of the board in changing or fixing said boundary lines, 
yet he could not exercise it in this case, for the reason that there was 
no action of the board from which an appeal would lie," 

The first point is based on section 31, chapter 1, of the school laws 
now in force. Preceding sections define the powers of the board; but 
said section ai contains limitations of those powers. One of the limi- 
tations is — " nor shall the boundaries of sub-districts be changed except 
by a vote of the majority of the board." This, when taken in connec- 
tion with the context, evidently means, merely, that when a change in 
sub district boundaries is made by the board, said change must receive 
the sanction of a majority of all the members of the board; and is not 
intended to deny, neither does it deny, the appellate jurisdiction of 
county superintendents in the change of sub-district boundaries. Of 
course it is not true, neither is it claimed, that superintendents have 
original jurisdiction in making such change. 

In the discussion of the second point, by the substitution of the word 
" action" for the terms "decision or order" used in the law, and ingen- 
iously attaching to that word a signification of something done 
5 ' 



46 ' SCHOOL LAW DECISIONS. 



E. Nicbols V. C. B. Roberts, County Superintendent, et al. 

beyond the mere adoption of a resolution, such, for instance, as the 
actual re-districting of the township, the counsel make a very plausible 
argument, in which it is clearly seen that no one could be aggrieved 
by an act when no act was done, hence, there was no ground for 
appeal. 

But the language of the law is that " any person aggrieved by any 
decision or order" of the board may appeal. Was there a " decision 
or order" made by the board, and was any person aggrieved thereby ? 
It appears from the transcript of the secretary, that the board did de- 
cide to " let the sub-district boundaries remain as they were," and 
passed a motion or " order" to that eifect. The action of the board in 
November, though virtually merely an order of refusal, is proper 
ground for appeal, provided any person was aggrieved thereby; and in 
this decision I am sustained by the opinion of the attorney general. 

It only remains to inquire whether any person might have been ag- 
grieved by this action of the board. The affidavit of the plaintiff sets 
forth that " a larger number of sub-districts and school-houses are im- 
peratively demanded to accommodate the children of the district;" and 
in the hearing before the county superintendent, plaintiff requested an 
opportunity to introduce evidence to that effect. 

Facilities for the education of children are among the mo&t highly 
cherished privileges enjoyed by intelligent citizens; and it may easily 
be conceived that persons may be aggrieved by a refusal to grant such 
facilities as are " imperatively demanded." 

The county superintendent erred in sustaining the motion to dismiss; 
and the case is therefore remanded for a hearing upon its merits. In 
the event that the finding shall be for the plaintiff, the county superin- 
tendent may himself re-district the township " as justice, equity, and 
the interests of the people require." 

Revebsei>. 
D. FRANKLIN WELLS, 
Superintendent of JPublic Instruction. 

April 19, 1861. 



E. Nichols v. C. B. Roberts, County Supeeusttendek-t, et. at. 

Appeal from Sremer County. 

Sub-Districts : Can be formed of parts of different townships only by reasoB 
of natural obstacles. 

On the 23d day of January, 1867, the county superintendent, with 
the consent of the respective boards of directors, issued an order cre- 
ating a sub district from sections Six and Seven, Leroy township, and 



SCHOOL LAW DECISIONS. 47 



John Clark v. District Township of Wayne. 

sections Five and Eight, Sumner township, and attaching the same to 
the township of Sumner for school purposes. From this action appeal 
is made to the superintendent of public instruction. 

It is not claimed by the appellees that the new sub-district was 
organized on account of the existence of " streams or other natural 
obstacles," which would prevent any portion of the inhabitants of 
either township from enjoying, with reasonable facility, the advantages 
of a school in their own township. On the other hand, affidavits sub- 
mitted by appellants set forth, that there are " no natural obstacles," 
as contemplated in section 25, chapter 1, School Laws. 

The sub-district seems to have been formed more with a view to pro- 
mote the convenience of a portion of the people of the proposed sub- 
district, than in strict compliance with law. Section 1 of the act 
above referred to, provides that each civil township shall constitute a 
school district. There is no law permitting the formation of a sub- 
district from pai'ts of two or more townships, except as found in said 
section 25, to which reference has previously been made; and as it 
appears from evidence that said section 25 was not applicable in this 
particular ease, the action of the county superintendent was illegal; 
and therefore his order of January 23, 1867, creating said sub-district 
is hereby Reversed, 

D. FRANKLIN WELLS, 

Superintendent of Public Instruction. 
April 19, 1867. 



John Clark v. District Towitship of Wayna. 

Appeal from Jones County. 

County Superintendent: Jurisdiction of. The county superintendent is 
not limited to a reversal or affirmance of the notion of the board, but he deter- 
mines the matter brought upon appeal, which»was determined by the board. 

On the I7th day of September, 1866, John Clark and others peti- 
tioned the board of directors of the district township of Wayne, to 
chaoge the sub-district boundaries in such a manner as to transfer him 
with forty acres of land on which he resides from sub-district number 
Four to sub-district number Five in the same district township. The 
board refused to grant the petition; whereupon the said Clark appealed 
to the county superintendent, who reversed the decision of the board 
and changed the sub-district boundaries as prayed by the petitioners. 



48 SCHOOL LAW DECISIONS. 



John Clark v. District Township of Wayne. 

From this decision of the county superintendent an appeal is taken by 
the board of directors to the superintendent of public instruction. 

John MoKeayi for appellee. 
No appearance for appellant. 

The affidavit of appellant sets forth that, subsequent to the render- 
ing of the decision by the county superintendent, the board of direct- 
ors met to consider the case and unanimously adopted the following^ 
resolution i 

Mesolved^ that we believe that the county superintendent has as- 
sumQ.d jurisdiction over a case that the law gires exclusively to the 
board; and we further believe that said county superintendent has ren- 
dered a partial decision in the case from the evidence set forth before 
him. 

Does the board mean that the county superintendent had no author- 
ity to entertain Mr. Clark's appeal? or, that the county superintendent 
exceeded his authority in himself changing boundary lines? If the 
former, it may be remarked that " An act to provide for appeals,'" 
passed December 24, 1859, very clearly confers this power — a power 
which has been confirmed by decision of our supreme court. If refer- 
ence is had to the latter, the exception is still not well taken. " The 
county superintendent is not limited to a reversal or affirmance of the 
action of the board, but he determines the same which it had de- 
termined." 

For the full opinion of the attorney general upon this point, refer- 
/ence is made to the School Journal for April, 1866, and also to the 
number for May, 1867; and to his opinion thereon, the decisions of^his 
,d.epartment have conformed. 

We have carefully examined the testimony submitted in the hearing 
before the county superintendent, but we fail to discover the evidence 
of partiality alleged by appellant. It is seldom, however, that decis- 
ions give entire satisfaction to both litigant parties. It is not their na- 
ture. 

The objections urged before the county superintendent against the 
proposed change of boundaries, while not without weight, are, in our 
opinion, overbalanced by the advantages of the change. 

While we do not favor frequent changes cf sub-district boundaries, 
as the county superintendent appears to have given this case careful in- 
vestigation; and as his decision promotes the interests of a portion of 
inhabitants of the township, and at the same time does not conflict 
with law, justice, or equity, his decision is hereby 

Affirmed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

May 31, 186'r. 



SCHOOL LAW DECISIONS. 



Whitefield B. Jones v. District Township of Burlington. 



Whitefield B. Jones v. District Township op Burlington. 

Appeal from Des Moines County. 

Jurisdiction. Unfiaished business may legally be completed at an ad- 
joarned meeting. 

This is a case relating to a change of sub-district boundaries. 

On the iVth day of September, 1866, the board of directors of the 
district township of Burlington, held its regular meeting as required by 
law, for the purpose of re--districting, and the transaction of other busi- 
ness. Without completing the business the board adjourned from 
time to time, and on December 1, to which day the board previously 
stood adjourned, voted to make certain- changes by which some of the 
boundary lines of sub-districts were changed, and' a portion of one sub- 
district was transferred to the independent district of Burlington. The 
board then adjourned to meet December 8, at which meeting a com- 
munication was received from the independent district of Burlington 
accepting the proposition to transfer territory to said independent dis- 
trict. A motion was also adopted rescinding the other changes in sub- 
district boundaries made at the meeting December 1, 1866. 

From this last action of the board, rescinding change of sub-district 
boundaries, W. B. Jones appealed to the county superintendent, on the 
ground that the meeting of said December 8, was not specially called 
to change sub-district boundaries as provided in section 29, chapter 1, 
School Laws, 1866., neither was it a meeting adjourned from the regular 
meeting of September 17, 1866; further that said action was prejudi- 
cial to the interests and convenience of the people. The county super- 
intendent relying not only upon the evidence presented but also upon 
his personal knowledge of the facts in the case, sustained the action of 
the board of directors, and from his decision an appeal is now taken 
to the superintendent of public instruction. 

Let us briefly examine the grounds of appeal. It is true, as appears 
by the record, that said meeting of December 8, was not a specially- 
called meeting, neither is it so claimed by the appellee. If the case 
depended on this point, the decision would necessarily be given in 
favor of the appellant. But the record shows clearly, that the meeting 
was adjourned from December l,to December 8, even in opposition to 
the wishes of appellant, and that the meeting of December 8, was in 
fact a continuation of the meeting of September 17, as that of Decem- 
ber 1, also was to which appellant does not object. Said meeting of 
December 8, was not only legitimate but necessary to hear the report 
from the independent district of Burlington, for the boundaries be- 
tween a township district and an independent district can be changed 
only by the concurrent action of the respective boards of directors. 

It is a well established principle that an adjourned meeting may do 
what a previous meeting might have done. It was competent for the 



50 SCHOOL LAW DECISIONS. 



H. H. Draper v. District Townstiip of Lick Creek. 

board of directors at the adjourned meeting on said December 8, to 
make further changes in the boundaries of sub-districts, to reconsider 
the action of December 1, or to rescind a part or all of said action of 
December 1. Their action of December 1, did not preclude, as claimed 
by appellant, the taking of further action December 8. 

We have carefully examined the eighty pages of manuscript submit- 
ted in this case, but have failed to discover important errors in the 
jDroceedings, or to be convinced that said action of December 8, 1866, 
was prejudicial to the interests- and convenience of the people. The 
decision of the county superintendent is, therefore, hereby 

Affirmed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 
June 21, 1867. 



H. H. Draper v. District Township of Lick Creek. 

Appeal from Davis County. 

School-House Site : Location of. In fixing the school-house site, the geo- 
graphical position, and the convenience of the people of each portion of the 
sub-district should be considered. 

At a meeting of the board of directors of the district township of 
Lick Creek, Davis county, Iowa, held April 6, 1867, an order was made 
locating a new site for a school-house in sub-district number Four, 
south of main Chequest creek, and ninety rods south of the geograph- 
ical center of the sub-district. From this order of the board H. H. 
Draper appealed to the county superintendent, asking to have the site 
fixed at the geographical center of the sub-district. After a full hear- 
ing, the county superintendent virtually sustained the action o*f the 
board, by establishing a new site eight rods further south. Upon this 
decision of the county superintendent, the case comes up for review 
on appeal of the said H. H. Draper. 

Amos StecJcel for appellant. 

M. S. Jones for appellee. 

The real cause of the controversy is the flowing through the sub- 
district of two creeks which in tiipes of high water are impassable for 
children. 

The law provides that the board of directors " shall fix the site for 
each school-house, taking into consideration the geographical position 
and convenience of the people of each portion of the sub -district." 



SCHOOL LAW DECISIONS. 5^ 



J. D. Williamson v. District Township of Pleasant Ridge. 

When all portions of a sub-district are settled with uniform density 
or will probably be so settled within a reasonable period, a site at or 
near the geographical center would manifestly be proper; provided, of 
course, that such site is conveniently accessible and appropriate in 
other respects. 

In this case, the testimony in regard to the character and suitable- 
ness of the proposed site at the center is conflicting; that in reference 
to the precise location made by the board, shows that it is in some 
respects objectionable; while, that in regard to the location finally 
indicated by the county superintendent in his decision, is uniform 
and favorable, except that it is south of the creek and at some distance 
from the center of the sub-district. The evidence shows that a major- 
ity of the families, and a still larger majority of the children live in 
the south half of the sub-district, and a majority of the children are 
also found south of the creek in question. 

The distance of the location selected by the county superintendent 
from the geographical center — ninety-eight rods — is not so great as to 
work serious injustice. Crossing the creeks at high water is appreci- 
ated as a serious difficulty; but it is temporary in its character and one 
which may be obviated in part, at least by the construction of addi- 
tional bridges. 

The board of directors and the county superintendent unite in the 
belief that the public convenience will be best promoted by locating 
the site south of main Chequest; and the personal knowledge which 
these parties have of all the circumstances, entitles their judgment to 
respectful consideration. It is hoped that all parties will cheerfully 
acquiesce in the opinion of the county superintendent, whose decision 
is hereby 

Affirmed. 
D. FRANKLIN WELLS, 
jSiqyerintetident of Public Instruction. 

June 21, 1867. 



J. D. Williamson v. Disteict Township of Pleasant Ridge. 

Appeal from Lee County. 

Sub-Director: 'Sol to he appointed in new sub-districts. When new sub-districts 
are established the appointment of sub-direct* rs in the sub-districts so created 
is illegal ; as such change does not take effect until the next sub-district elec- 
tion thereafter. 

In September, 1866, the board of directors of Pleasant Ridge dis- 
trict township formed two sub-districts from what had been previously 
known as sub-district number Two, and numbered the parts respect- 
ively Two and Eight, appointed a sub-director for number Two, and 



52 SCHOOL LAW DECISIONS. 

1 . 

J. D. Williamson v. District Township of Pleasant Ridge. 

located the site for a school-house in each of the new sub-districts. To 
all of these acts, J. D. Williamson, a resident of the new sub-district 
number Two, took exceptions and appealed to the county superintend- 
ent, claiming personal grievance and prejudice to public interests in 
regard to the manner of execution of the first and third points, and the 
violation of law on the second point. 

>Toh}i Van Valkenburg for appellant. 
No appearance for appellee. 

In the hearing before the county superintendent, it was satisfactorily 
shown that it was necessary to include the said J. D. Williamson in 
the new sub-district number Two, to prevent too great a disproportion 
in the amount of taxable property in the respective sub-districts, as 
each would be required to build a new school-house. It was also shown 
by the said Williamson's own testimony, that his tax in sub-district 
number Two would be less than in sub-district number Eight, and that 
the distance from the residence of the said Williamson to the proposed 
school-house site in number Two is only about one-half as great as 
to the site for the school-house in number Eight. It was in evidence 
that the school-house sites in both sub-districts are located very nearly 
in the geographical centers of the sub-districts respectively. The ap- 
pellant failed entirely to show that a more central location would pro- 
mote either public or private convenience and interest. With these 
facts before him, the county superintendent very properly decided to 
sustain the action of the board in its location of the boundary line 
between the sub-districts, as well as in fixing the school-house sites. 

Section 29, chapter 1, School Laws of 1866, provides that alterations 
made in the boundaries of sub-districts shall not take effect, until the 
next sub-district election thereafter ; hence the appointment by the 
board of directors in September, of a sub-director for the new sub- 
district was illegal, as was decided by the county superintendent. 

The ruling of the county superintendent on all the points raised by 
the appellant is approved; and his decision is hereby 

Affirmed. 
D. FRANKLIN WELLS, 
Superintendetit of Public Instruction. 

July 2, 1867. 



SCHOOL LAW DECISIONS. 53 

J. F. Stontenbaugh v. District Townsliip of Spring Creek 

J. F. Stontenbaugh v. District Township of Spring Creek. 
Appeal from Tama County. 

School-House Site: Location of. In determining the location of the echool- 
honse site, the geographical position, and the convenience of the people of 
each portion of the sub-district should be considered. 

January 15, 1867, the board of directors of the district township of 
Spring Creek, at a special meeting, fixed the site for a school-house in 
sub-district number Three, locating it in the most south-eastern of the 
nine sections comprising the sub-district. From this action, J. F. Ston- 
tenbaugh, residing in the northern part of the sub-district, appealed to 
the county superintendent, who, upon the final hearing, removed the 
site some distance north, but to a position still south and east of the 
geographical center. From this decision of the county superintendent, 
J. G. Hill, residing in the south-eastern part of the sub-district, appeals 
to the superintendent of public instruction. 

The testimony adduced in the examination before the county super- 
intendent, shows that the site selected by him, as compared with the 
one fixed by the board, is nearer the geographical center of the sub- 
district, is nearer the present and prospective center of population 
in the sub-district, and is also nearer the center of the children of 
school age. 

Believing from all the facts in evidence that in determining this 
case the county superintendent exercised a sound discretion, and acted 
with a due regard to the interests of the whole sub-district, making a 
personal examination of the location in question, and fulfilling the law 
in letter and spirit, his decision is hereby 

Affirmed. 
D. FRANKLIN WELLS, 
jSiq^erintendent of Public Instruction. 

July 2, 1867. 



54 SCHOOL LAW DECISIONS. 

George W. Kelsall v. District Township of Brandon. 

George W. Kelsall v. Disteict Township op Brandon. 
Appeal from Jackson County. 

1. School-House Tax : Certification df, to district township meeting. The pres- 
entation of the sub-district records, in which is embodied the certificate of 
the sum determined ; and the notification of the secretary and president 
thereof, is one which meets every legal requirement. 

2. Fund: Teachers\ Electors at the district township meeting cannot le- 
gally vote to make each sub-district independent in reference to teachers' 
fund. 

At the annual meeting of the electors of sub-district number Seven, 
Brandon township, in said county, held March 2, 1867, a vote was 
passed calling on Brandon township for $1,000 to build a school-house 
in sub-district number Seven. This vote was embodied in a certificate 
as required by law, and recorded in the minutes of the meeting in the 
sub-district book. Said book with certificate indorsed therein, was 
carried to the annual district township meeting, held March 9, 1867, 
and placed on the table before the secretary, and the attention of the 
president and secretary was called to the fact that it was the record 
book of sub-district number Seven, and that it contained the certificate 
of the sub-district vote calling for $1,000 to build a new house. Dur- 
ing the progress of the meeting, the president was requested to bring 
the subject to the attention of the electors, which he expressed a willing- 
ness to do at the proper time. After sub-division four of section 7, chap- 
ter 1, of the school law, had been acted upon, a motion to make each sub- 
district independent in reference to school-house fund and teachers' 
fund, was adopted; when a motion was made and seconded to adjourn, 
and the meeting broke up. When the motion to adjourn was made, 
it was objected to by the president on the ground that the fifth sub- 
division of section 7, and the resolution passed by sub-district number 
Seven, had not yet been acted upon; but the motion to adjourn was in- 
sisted upon, and no further action was taken. 

Afterwards, March 18, 1867, at the regular meeting of the board of 
directors of Brandon township, the said certificate of the vote in sub- 
district number Seven, was presented, and by unanimous vote laid upon 
the table. 

From this action of the board, the plaintiff appealed, and in his affi- 
davit to the county superintendent inaugurating these proceedings, 
alleged errors on the part of the board as follows: 

1. " Said board erred in laying said application on the table. 

2. " Said board erred in neglecting to provide means for building a 
new school-house in said sub-district. 

3. " Said board erred in that they did not, on filing said application, 
vote a tax on the district township of Brandon, in the sum of one 
thousand dollars, for the jDurpose of building a new school-house in 
said sub- district number Seven." 



SCHOOL LAW DECISIONS. 



George W. Kelsall v. District Township of Brandon. 



That the points at issue may be more clearly defined, we quote the 
material part of the county superintendent's decision: " The board of 
directors had no jurisdiction to voce an appropriation for a school-house, 
either on the township at large or on sub-district number Seven, unless 
the certificate of the sub-district was presented to the district township 
meeting held March 9, and that meeting neglected or. refused to vote 
such, or some appropriation. From all the testimony in the case, lam 
of the opinion that the certificate was not so presented; that the failure 
to act on it by the meeting constituted either negligence or refusal. 
* * * It is considered therefore that the board of directors 
did not err in laying the application of sub-district number Seven on 
the table, and their action is affirmed. 

As the whole question is thus made to depend upon the sufficiency 
of the certification of the action of the sub-district meeting to the dis- 
trict township meeting, it becomes pertinent to inquire how the certifi- 
cation may be made. 

The law says merely, section 11: " And the sub-director shall certify 
the same to the next regular meeting of the electors of the district 
township held thereafter." No particular method of doing this is de- 
fined. If during the progress of the meeting the sub director were to 
make a public announcement of the action of the sub-district electors, 
and present his certificate, this would be sufficient. So also, if the sub- 
director were to include the certificate in a written communication to 
the president of the district township meeting, this would fulfill the 
requirements of the law; or, if such communication were presented to 
the secretary, it would be in accordance with the intent of number 
seven (five) of blank forms. The presentation of the sub-district rec- 
ords to the secretary of the township meeting, and the notification to 
the president and secretary that was made, as shown by the evidence, 
we deem to be a just and proper certification, and one that meets every 
legal requirement. That the president failed to make a formal presen- 
tation of the certificate to the electors, was not the fault of the sub- 
district, and was probably owing to the fact that the meeting adjourned 
in opposition to the advice of the president, before that order of busi- 
ness was reached. 

We are therefore compelled to overrule the decision of the county 
superintendent, and to sustain the first and second specifications in the 
plaintiff's assignment of error. 

The third specification will be disposed of briefly. Sections twelve 
and twenty-eight declare that the school-house tax " shall be appor- 
tioned among the several sub-districts, as justice and equity may re- 
quire." As it has not been the uniform practice in Brandon township 
for each sub-district to build its own school-house, for this fact is 
stated by the county superintendent, and implied in the testimony, it is 
not competent, now, for the electors, nor for the board, to require any 
sub-district to build its own house. It is also contemplated by section 
twenty-nine, that the "teachers' fund" and the "contingent fund" 
shall be assessed uniformly upon the whole township, except as other- 
wise provided in the latter part of said section. The action of the 
township electors, therefore, in voting that the sub-districts should be 



56 SCHOOL LAW DECISIONS. 



David Ockerman v. District Township of Hamilton. 



independent in reference to " school-house fund " and " teachers' fund," 
was without warrant of law, and'void. 

The board of directors further erred in that it did not apportion a 
school-house tax of one thousand dollars among the several sub-districts 
of Brandon township as justice and equity require, taking as the basis 
of said apportionment the respective amounts previously levied upon 
said sub-districts for school-house purposes, for the purpose of building 
a school-house in said sub district number Seven. 

Revbeskd. 
D. FRANKLY WELLS, 
Siqjerinteiident of Pahlic Instruction. 
July 15, 1867. 



David Ockeeman v. Disteict Township of Hamilton. 

Appeal from Decatur County. , ' . 

1. Contested Election : Sub-Director. The right to hold and exercise 
the office of sub-director, in case of contest, must be determined by the dis- 
trict court. Sees. 3345 — 3352 Code. 

2. The county superintendent has not jurisdiction of cases 

involving. 

The above entitled case is interesting on account of its involving 
issues not heretofore determined in the administration of the school 
law. 

It appears from the record that the annual meeting of the electors of 
sub-district number Two, Hamilton township, Decatur county, held 
March 2, 1867, the two candidates for sub-district honors — David 
Ockerman and Alonzo Work — received an equal number of votes. 
One person voted, who, it is alleged, had been a resident of the state 
less than six full months, but the evidence does not show for which 
candidate his vote was cast. The polls closed at about three o'clock 
p. M., and immediately thereafter a Mr. Whitaker appeared and offered 
his vote for Mr. Ockerman, but the polls were closed and the vote was 
rejected. The evidence does not show that Mr. Whitaker was an 
elector of said sub-district, though the presumption is that he was such 
an elector. 

The plaintiff, Ockerman, knowing that the polls had been closed 
before the hour provided by law, and that Mr. Whitaker's vote for him 
had been rejected, and believing that an illegal vote had been cast 
against him, qualified as sub director within ten days, and at the regu- 
lar meeting of the board, in March, claimed a seat as a member of the 
board from sub-district number Two. The claim of said Ockerman 



SCHOOL LAW DECISIONS. 



57 



David Ockerman v. District Township of Hamilton. 



was referred to the chairman of the meeting, who decided that the 
board had no jurisdiction in the case; and in this decision he was 
sustained by the board. W. S. Warnock, the sub-director for the 
previous year, was recognized as holding over, and was elected presi- 
dent of the board. 

From this decision of the board the plaintiff appealed to the county 
superintendent, who reversed the decision of the board, and directed 
that the said Ockerman be admitted as a member of the board, and 
that the board proceed immediately to appoint a new president from 
their number. 

The county superintendent does not elaborate his opinion, hence we 
are left to conjecture what were the reasons which influenced his de- 
cision. From said decision W. S. Warnock appeals, and thus the case 
comes before the superintendent of jDublic instruction for revision. 

The hearing before the county superintendent was ex parte. The 
notice of the hearing was mailed to the parties at Pleasant Plains, 
while it appears that the address of the said Warnock is Nine Eagles. 
The appellant alleges in said affidavit that he failed to receive notice of 
the time of hearing. The appellant makes several exceptions to the 
ruling and decision of the county superintendent, the most of which 
are well taken. 

If our views of the remedy to be sought in this case corresponded 
with those evidently entertained by all connected with it, we should 
be disposed to specify the errors and remand the case for rehearing 
before the county superintendent. But, in our opinion, the proper rem- 
edy has not been employed. 

Alleged illegal votes were cast. The right to vote and the right to 
hold office are among the most highly cherished franchises of the priv- 
ileged class of American citizens. They are rights that will be relin- 
quished only upon the finding of a competent tribunal. The federal 
constitution gives congress authority to determine in regard to the 
election return, and qualification of its own members. So our state 
constitution confers a similar power upon the two branches of our gen- 
eral assembly. But the law nowhere gives the board of directors of a 
school district such authority. The power does not exist. "Corpora- 
tions have only such powers as are specifically granted by the act of 
incorporation, or as are necessary for the purpose to carry into effect 
the powers expressly granted, and have no others" 2 Kent. Com. 399; 
" and the powers are strictly construed." Clark v. City of Des 
Moines, 19 Iowa, 212. 

At the regular meeting of the board of directors, March 1 8, no one 
presented a certificate or other evidence of election as director from 
sub-district number Two; and as it appeared that there was no election, 
the board properly recognized the former incumbent as holding over. 
The right of the appellant to occupy the office of sub director was dis- 
puted and claimed by said Ockerman. Appellant's right to a seat in 
the board is based on the assumption of no election. To determine 
the question of election, would require the administering of oaths, the 
examination of witnesses, the determining of the right of parties to 



58 SCHOOL LAW DECISIONS. 



David Ockerman v. District Township of Hamilton. 

vote, — a judicial proceeding which the board of school directors is 
unauthorized to make. 

Over the right of a party to exercise the functions of the office of 
sub-director in any school district the county superintendent has neither 
original nor appellate jurisdiction. 

It is pertinent then to inquire what is the proper method to pursue 
in the case of a contested school election, or in case two or more 
parties claim the same office. " The law solicitous to furnish a remedy 
for the invasion of legal right has provided that of qxLO loarranto, or 
an inforrnation in the nature of a quo toarranto, to determine the title 
of an officer to his office and to determine the right of any person or 
incorporation to exercise a public franchise." * * It is per- 
fectly well settled that questions of this character cannot be tried and 
determined in any collateral or indirect proceeding. Cochran v. Mc- 
Cleary, 22 Iowa, 75. Our statutes provide that an information may 
be filed against any person unlawfully holding or exercising any public 
office or franchise within this state, or any office, in any corporation 
created by the laws of this state. Section 3732, Revision 1860. Also 
that when several persons claim to be entitled to the same office or 
franchise, an information may be filed against all or any portion thereof 
in order to try their respective rights thereto. Section 3743. From 
an extensive examination of cases, we are satisfied that an information 
in the nature of quo warranto is the only proper method of testing the 
right of a person to hold an office or to exercise any public franchise. 

Question may arise in the mind of some whether information in the 
nature of quo warranto may not be filed with the county superin- 
tendent, and the case determined by him. 

Omitting other reasons, the question is sufficiently answered by the 
statute, which requires that " such statement shall be filed in the clerk's 
office and notice issued and served in the same manner as hereinbefore 
provided for the commencement of actions in the district court." Sec- 
tion 3737. 

Held, that the county superintendent erred in assuming jurisdiction 
of this case which should have been brought in the district court, and 
his decision is therefore 

Reversed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

July 24, 1867. 



SCHOOL LAW DECISIONS. 59 

Maria L. Dougherty v. L. D. Tracy, Countj' Superintendent. 

Maeia L. Dougheett v. L. D. Teacy, Couxty Supeeintei^dekt. 
A2)2^eal from Grundy County. 

1. Rkvccation of Teacher's Certificate. The order of a county superin- 
tendent revoking a ceitificate will not be interfered with on appeal, unless it 
jippears that he acted from passion or prejudice. 

2. . Opinions unsupported by facts, cannot be received as 

satisfactory evidence of prejudice. 

April 1, 1867, L. D. Tracy, superintendent of common schools 
for the county of Grundy, revoked the certificate of Maria L. Dough- 
erty, a teacher in said county, on the alleged ground of incompetency 
to properly govern and control a school. A notice of the revocation, 
made out in due form, was served upon the secretaries of the several 
district townships ; but no notice of the revocation was served by the 
superintendent on the plain tiif. 

The plaintiff appealed to the superintendent of public instruction, 
who by circular of May 15, 1867, directed that the case should be 
heard by the county superintendent. Such hearing took place June 7, 
1867. During the examination twentyrthree persons, patrons and pu- 
pils, testified to the good order of the school, and the general good 
character and reputation of the plaintifl" as a teacher. Fourteen per- 
sons made affidavit that they believed plaintiff's certificate was re- 
voked from personal prejudice. 

One witness, called by the defense, testified that the school was not 
as well governed as it might have been ; that he several times heard 
cursing and swearing on* the school grounds at noon and recess. Three 
persons testified that they did not believe the superintendent revoked 
plaintiff's certificate from prejudice or passion. Nineteen persons cer- 
tified that they believed Mr. Tracy to be a competent and impartial offi- 
cer, and free from any malicious administration. 

The county superintendent, disregarding the weight of evidence in 
regard to the plaintiff's qualifications, affirmed his previous decision 
revoking plaintiff's certificate, and certified that the act was done with- 
out prejudice or passion toward the plaintiff, and that he was impelled 
to that course by conviction, which was the result of personal observa- 
tion and knowledge, that plaintiff was incompetent to govern a school 
properly. 

From that decision the plaintiff appeals. 

If this case could be determined by the weight of evidence in regard 
to the plaintiff's ability to govern a school properly, the decision would 
be in plaintifi"'8 favor. But there are other elements for consideration. 
The county superintendent is clothed with large discretionary powers. 
So great has this discretion been regarded, that it has been held by 
previous incumbents of the office of superintendent of public instruc- 
tion, that the refusal to grant a teacher's certificate or the revocation of 



go SCHOOL LAW DECISIONS. 



Maria L. Dougherty v. L. D. Tracy, County Superintendent. 

such certificate by a county superintendent, was an act so wholly dis- 
cretionary that it was not subject to revision. The circular of May 15, 
1867, from this department, maintaining the right of appeal in such 
cases, was not intended to curtail the discretionary power of county 
superintendents, but to point out a way in which its abuse might be 
corrected. 

In the absence of special statutory provisions in regard to the man- 
ner of hearing appeals, it is presumed that general principles are ap- 
plicable. 

It may not be amiss at this time' to enunciate some general princi- 
ples which will be observed in the adjudication of this and similar 
cases. 

I. The discretion of a county superintendent of refusing or revok- 
ing a teacher's certificate will not be interfered with by the superin- 
tendent of public instruction unless it is clearly shown that the county 
superintendent in such act violated the law in letter or spirit, or was 
influenced by passion or prejudice. This position is believed to be 
correct in the light of both principle and public policy. The general 
rule is, "the supreme court will not interfere with the decisions of the 
district court in cases where the latter has a discretionary power, un- 
less it is fully apparent that such power has been abused." Hammond's 
Iowa Digest, p. 65. Numerous cases might be cited in support of this 
rule, but such citations are deemed unnecessary. The county superin- 
tendent is presumed to be selected from among his fellow citizens on 
account of his ability to exercise a sound discretion in the discharge of 
the important duties of his ofiice. He is bound by a solemn oath to dis- 
charge his trusts with fidelity. He is on the ground and has a personal 
knowledge of circumstances. He can judge of the educational require- 
ments, of his county, better than another person scores of miles dis- 
tant. In his examination of teachers and. in his visits to their schools, he 
can judge of the teacher's comparative and actual merit and ability, 
better than those who have less extended opportunities for observation. 
He is responsible to his constituents for the manner in which his duties 
are performed. His ofticial acts may be reviewed and modified or an- 
nulled by the superintendent of public instruction. Frequent inter- 
ference with the discretion of county superintendents would tend to 
bring their authority into contempt, and to unsettle the foundations of 
our school system. While, then, the right to review an abuse qi dis- 
cretion is reserved, and the right to reverse an illegal decision, main- 
tained, the discretion of county superintendents will not be interfered 
with unless such interference is necessary to secure justice or vindi- 
cate law. 

II. The proof of the violation of law, or of the influence of passion 
or prejudice in the performance of ofiicial duty must be clear and. con- 
vincing. Mere opinio?i, unsupported by facts, is insufficient to estab- 
lish the allegation of passion or prejudice. " As a general rule, wit- 
nesses, unless experts, should sta.te facts, not opinions.'''' Whitniore 
V. Boioman, 4 Greene, Iowa, 148. " Except when given by experts, 
evidence of mere opinion is not competent, unless upon some controll- 
ing ground of necessity, resulting from the nature of the inquiry." 



SCHOOL LAW DECISIONS. Ql 



Maria L. Dougherty v. L. D. Tracy, County Superintendent. 

Dalzell V. City of Davenpo7-t, 12 Iowa, 437; Danforth, Dennis 
<& Co. V. Carter cb 3Iay, 4 Iowa, 230. 

In the light of these principles, which are believed to be correct and 
proper, conclusions may be readily formed. 

It is held that it is not necessary for the county superintendent to 
notify the plaintiff of his intention to revoke her certificate before 
taking such action; neither does the law require him to serve a copy of 
the revocation upon the plaintiff, subsequently. Courtesy and propii- 
ety, however, would dictate that the teacher should receive immediate 
notice of the revocation from the county superintendent. 

The rulings of the county superintendent on the admission of evi- 
dence have no material effect on the final decision of' the case, hence 
the exceptions of the plaintiff thereto are passed over. 

The revocation of a teacher's certificate is adjudged to be an act of 
discretion on the part of the county superintendent, which will not be 
interfered with, without satisfactory proof of illegality or of prejudice. 

In this case, while the weight of testimony is favorable to plaintiff's 
qualifications, and opi?iio7i is conflicting in regard to prejudice, there 
is not a single fact adduced in the testimony upon which the theory 
of prejudice can be based. On the other hand, the county superin- 
tendent headed a subscription to pay plaintifl^'s board, and was the 
first to pay said subscription; during the term he told the sub-director 
that the plaintiff must be sustained in her government of the school 
at all hazards; and these facts indicate the absence of prejudice. The 
mere opinion of witnesses, unsupported by facts, cannot be received as 
satisfactory evidence of prejudice. 

Some embarrassment is experienced in this case from the circum- 
stance that plaintiff belongs to that gentler sex to which we are all 
educated to do homage, and the idea is largely prevalent that they are 
not amenable to law in an equal degree with the opposite sex; but 
having a high regard for the rights of women, we dare not pervert law 
even to shield them from its operation. We are therefore compelled 
to affirm the decision of the Qounty superintendent. 

. Affiemed. 

D. FRANKLIN" WELLS, 

Superintendent of Public Instruction. 
October I, 1867. 



g2 SCHOOL LAW DECISIONS. 

William O. Price v. District Township of State Center. 

William O. Pbice v. District Township of S.tate CEifTER. 

Appeal from, Marshall County. 

School-House Site. While the probabilities of the future should not be 
ignored, the nectsdties ai i\\Q •present must be observed in locating school -house 

sites. 

Sub-district rnlmber Two of the district township of State Center, 
Marshall county, previous to 1866, was a sub-district in another district 
township, and as such had a school-house site located at the geograph- 
ical center of the sub-district. April 9, 1867, the board of directors 
of the district township of State Center relocated said site, putting it 
one mile west of the geographical center, on the alleged ground of 
inability to procure the necessary amount of land at the original loca- 
tion; also that the new site would accommodate a greater number, and 
answer for all; and lastly, that the sub-district might eventually be 
divided, when the new site would be convenient for one of the sub- 
districts which might possibly be formed. The new location was one- 
half mile from the western boundary of the sub-district, which is three 
miles wide and three and one-half miles long. 

From this action of the board, William O. Price appealed to the 
county superintendent, by whom a new site was conditionally located 
one-half mile west of the original site, or midway between the two 
former sites; and in case the requisite amount of land could not be 
obtained, the original location was to be re-established. From this de- 
cision of the county superintendent the said district township takes ap- 
peal to the superintendent of public instruction. 

Sradley c& Caswell for appellant. 

Henderson <& Binford for appellee. 

The causes for the relocation do not seem to be well founded, as the 
evidence shows that a party oifered to donate three-fourths of an acre 
at the geographical center, for a site; and subsequently made a deed to 
the district therefor. While ample school grounds are desirable, and 
even necessary for the best interests of the school, three-fourths of an 
acre would ordinarily be considered sufficient for the necessities of a 
school in a rural district. Further, the donation of three-fourths of an 
acre would not debar the board from increasing the amount by joz^r- 
chase. 

As to accommodation, it does not clearly appear that the site selected 
by the board is nearer the center of school-going or of adult population, 
than the original site. Indeed, the geographical center and the present 
and prospective center of population correspond so nearly, that it seems 
strange that the thought of any other location than the one at or near 



SCHOOL LAW DECISIONS. 



63 



H. G. Grattan v. District Township of Ludlow. 



the geographical center was ever entertained. The law contemplates 
that all the children of a district shall have, as nearly as practicable, 
equal school facilities. 

The future division of a sub-district, when not already determined 
upon, is subject to so many contingencies that its consideration should 
have but little influence in determining the location of a school-house. 
While the probabilities of the future should not be ignored, the neces- 
sities of the/?rese?2^ must be observed. 

As the various errors alleged by appellant to exist in the decision of 
the county superintendent have been substantially answered in the 
preceding paragraphs, a more particular and formal consideration of 
them is, for brevity's sake, omitted. 

" Taking into consideration the geographical position and conven- 
ience of the people of each portion of the eub-district," as the law 
requires, conclusions are arrived at similar to those ezpreesed by the 
county superintendent in his decision, which is hereby 

Appiemed. 

D. FBANKLm WELLS, 

Superintendent of Public Instruction^ 
October 19, 1867. 



H. G. Grattan et al. v. DistPwIct Township of Lublow. 
Appeal from Allamakee County. 

1. Sub-Districts: Change of boundaries. The boundaries of sub-districts 
shall be changed, or new districts formed, only between the regular meeting 
of the board in September, and the sub-district election held in the March 
following. ' 

2. Jurisdiction. The county superintendent can do upon apneal only 
what the board, originally had power to do. 

On the 4th day of May, 1867, H. G. Grattan and others, presented 
to the board of directors of Ludlow township, Allamakee county, a 
petition praying said board to form a new sub-district from parts of 
sub-districts numbered One, Two, Five, and Six, respectively. The 
board disclaimed jurisdiction in the matter, and the prayer of petitioners 
was denied. The said Grattan appealed to the county superintendent, 
who decided, June 24, that the new sub-district should be established, 
and its boundaries fixed by the board at their regular meeting in Sep- 
tember, that a school-house should be built by the residents of the said 
sub-district, without expense to other portions of the township district. 



g4 SCHOOL LAW DECISIONS. 



H. G. Grattan v. District Township of Ludlow. 

From this decision the district township of Ludlow through its presi- 
dent, J. .C. Smith, appeals to the superintendent of public instruction. 

Samuel H. Kinne for appellant. 

No appearance for appellees. 

In defining the powers and duties of the board of directors, the 
school law provides, section 25, chapter 1, that "They shall at their 
regular meeting in September, or at any special meeting called there- 
after, for that purpose, divide their township into sub-districts. * * 
Provided^ * * * That the formation and alteration of sub-districts 
as contemplated in this section, shall not take effect until the next sub- 
district election thereafter." From the reading of this section, there 
can be no reasonable doubt that the true meaning and intent of the law 
is, that the boundaries of sub districts shall be changed and new sub- 
districts formed, only between the regular meeting of the boai'd in 
September, and the first Saturday in March. This view is sustained 
also, by my predecessors in office, as shown by note to section 29, page 
45, School Laws, edition of 1866. (Section 1796, School Laws 1876.) 

It follows, then, that the board had no power to grant the petition 
and form a new sub-district on the said 4th of May, the day of presen- 
tation. 

The county superintendent can do on appeal what the board might 
legally have done, but can do nothing more; and as the boai'd was re- 
stricted from the formation of a new sub-district on the said 4th of 
May, it was incompetent for the county superintendent to do it in his 
(iecision of June 24. 

In requiring the new sub-district to build a school-house without 
assistance from other portions of the district township, the decision of 
the county superintendent violates the letter and spirit of the law, 
which requires that the school-house tax shall be levied "in such man- 
ner as justice and equity may require, taking as the basis of said ap- 
portionment the amounts previously levied upon said sub district." 

The county superintendent erred in not sustaining the action of the 
board of directors of Ludlow district township in refusing to form a 
new sub-district on the 4th of May, and his decision is therefore 

Reversed. 
D. FRANKLIN WELLS, 
Su2:>er%ntendent of Public Instruction. 

December 14, 1867, 



SCHOOL LAW DECISIONS. (55 

Benjamin Smith v. District Townsliip of Coffln's Grove. 

Benjamin Smith v. District Township of Coffin's Grove. 

Appeal from Delaware County. 

Proceedings. In the absence of proof to the contrary, the legal presump- 
tion is that the proceedings before the county superintendent were entirely 
regular. 

On the petition of the electors of sub district number One, Coffin's 
Grove district township, the board of directors thereof located the site 
of a proposed new school-house "just east of the burying ground, on 
the right hand side of the road, adjoining the corner of Mr. Brook's 
field." From this action plaintiff appealed to the county superintend- 
ent on the 25th of March, by whom the case was heard April 19, 1867. 
On the 13th of June, the county superintendent issued an order re- 
locating the site three-fourths of a mile further south, and at or near 
the center of the sub-district. From this order an appeal is taken, and 
thus the case comes up for review. 

Blair <& Brooison for appellants. 
No appearance for appellee. 

The appellants claim a reversal of the county superintendent's de- 
cision on the ground, 

1. That the county superintendent had no jurisdiction in the matter. 

2. That the county superintendent erred in not taking the deposi- 
tions of witnesses in writing and having the same signed and sworn to 
by the witnesses. 

3. That the county superintendent erred in not making up his 
record at the time of trial. 

4. On the merits of the case. 

The denial of the county superintendent's jurisdiction is based on 
the fact that the original affidavit does not state that the appeal was 
taken within thirty days of the action of the board complained of and 
reference is made to page fifty-seven of " explanatory notes " in which 
it is stated that this fact should appear, though there is no such specific 
requirement in " An act to provide for appeals." The question natu- 
rally arises as to the legal force of these "explanatory notes." Have 
they the eflect of statutory provisions, or otherwise? While the right 
of every tribunal to establish rules and regulations, not inconsistent 
with law, must be admitted, these " explanatory notes " made by the 
superintendent of public instruction are not legal enactments, nor 
" rules and regulations," and so far from being mandatory in their 
character, are merely advisory and directory, and intended for the as- 
sistance and guidance of school officers. They are a commentary on 
the school law; and as they are replete with good common sense sug- 
gestions, their observance will render the administration of the school 



QQ SCHOOL LAW DECISIONS. 



Benjamin Smith v. District Townsliip of Coffin's Grove. 

law more accurate and satisfactory; but a non-compliance with them 
is not necessarily a violation of law. 

It must be admitted that an affidavit which does not state the date of 
the decision or act complained of is very carelessly drawn, and a su- 
perintendent might be justified in refusing to entertain it; but if it be 
entertained, it is still competent for the opposite party to show that the 
thirty days allowed by law had expired previous to the filing of the 
affidavit, and thus secure the dismissal of the case. The law gives the 
superintendent jurisdiction within thirty days, and the state superin- 
tendent could not by any rule or regulation annul the statutory provis- 
ion. It is not even claimed by appellants' that the time for taking 
appeal had expired, and the date of petitions submitted to the board 
indicate that it had not expired. In the absence of proof to the con- 
trary, the legal presumption is, that the proceedings before the county 
superintendent were entirely regular; and therefore the jurisdiction of 
the superintendent must be sustained. 

The second and third errors assigned by appellants are also based on 
" explanatory notes " instead of upon the law, and cannot be sustained 
for reasons previously given. While there were things in the manage- 
ment of this case from which we must withhold our commendation, as 
there seems to have been a substantial compliance with the law, we 
do not feel justified in dismissing it without an examination of its 
merits. 

The county superintendent gave due notice of the hearing in writing 
to all the electors of the sub-district. On the day of hearing several 
persons appeared, but no "evidence on either side was offered" except 
the original affidavit of Benjamin Smith. The record of the county 
superintendent goes on to say: "But to satisfy myself in regard to 
the number of inhabitants that would be accommodated best by the 
site remaining where it is at present located by said board," Nelson 
Bly, James McBride, and Henry Baker were sworn. "Nelson Bly 
stated that about thirty families lived in said sub-district, and that only 
about one-third would be accommodated by the site remaining where 
it is at present located by said board. James McBride corroborated 
the statements made by Nelson Bly." After Henry Baker was sworn, 
" so much confusion and controversy arose " that it was found " almost 
impossible to preserve order," and the superintendent "proceeded to 
view the different sites." 

Among the papers sent up by the district secretary were two peti- 
tions tQ the board, one signed by fifteen persons asking that the site 
should be located "at or near the corner of Mr. Brooks' field;" the 
other signed by twenty-three persons, asking that the site be " estab- 
lished as near as practicable in the center of the sub-district." 

In view of the facts before us, we cannot do otherwise than sustain 
the county superintendent, whose decision is 

Affibmed. 
D. FRANKLIN WELLS, 
Superinte7icle7it of Public Instruction. 

December 16, 1867. 



SCHOOL LAW DECISIONS. g7 

Henry Heisey v. District Township of Castle Grove. 

He:n"et Hbisey et al. v. Disteict Township of Castle Geove. 

Appeal from Jones Cotinty. 

ScHOOL-HorsE Site : Locaiwnof. In fixing the school-house site, its geo- 
graphical position, and the convenience of the people of each portion of the 
sub-district should be considered. 

September 16, 1867, the board of directors of the district townshipof 
Castle Grove, Jones county, Iowa, voted to remove the school-house in 
sub-district number Six, from a point thirty-four rods north of the geo- 
graphical center of the sub-district, to a point two hundred and six 
rods north of said geographical center. From this action, Henry 
Heisey and others, resident tax-payers in said sub-district, appealed to 
the county superintendent, who, on the fifth day of October, after a 
patient hearing of the case, annulled the said order of the board. 
From this decision of the county superintendent, John McLees, a 
patron of the school and a resident director of said sub district, appeals 
to the superintendent of public instruction. 

No appearance for appellant. 

John McKean for appellee. 

The appellant in his affidavit, claims that the new site is on a good 
county road, while the old one is three-fourths of a mile from any road. 
He also claims that the new site, as located by the board, is nearer the 
majority of the patrons of the school than the old site. But these 
claims are unsupported by the evidence adduced on the trial before the 
county superintendent, as shown by the transcript. 

The testimony of Mr. Heisey, corroborated by that of several other 
persons, shows that the whole sub-district is prairie ground and suitable 
for settlement and cultivation; that the present site is on a north and 
south road which is opened the whole distance, with the exception of 
eighty rods, which will be open this winter ; that the present site is 
not only nearer the geographical center of the sub-district than the one 
proposed by the board, but is also nearer the present and prospective 
center of adult as well as juvenile population. More than two-thirds 
of the youth of school age within the sub-district, live nearer to the 
present site than the one proposed by the board. Even if the road is 
not open the whole distance, the removal of the house would benefit 
the few at the expense of the many. 

All considerations of economy, convenience and equity, enforce the 
belief, that the school-house in said sub-district number Six, of the 
district township of Castle Grove, should remain where it is at present 
located, and should not be removed to the site determined by the 
board. The decision of the county superintendent is therefore 

Aefiemed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

January 15, 1868. 



gg SCHOOL LAW DECISIONS. 

H. M. Reed v. District Township of Fairfield. 

H. M. Keed v. Disteict Township of Fairfield. 
Appeal from JacJcson County. 

Sdb-Distkiots: Formation of. While the law contemplates that all the 
youth of the state shtU enjoy facilities for education as nearly equal as prac- 
ticable, yet in the foroiacion of sub-districts care should be taken that they 
are not made so small geographically, and weak financially, as to be unable 
to maintain good schools. 

At the regular semi-annual meeting of the board of directors of 
Fairfield district township, held September 16, 1867, a resolution was 
offered to re-district that part of the township lying south of the Ma- 
quoketa river into five sub-districts. The vote resulted in a tie : and 
from this virtual refusal to act, H. M. Reed took an appeal to the 
county superintendent, who, after a full hearing, re-districted said ter- 
ritory into five sub districts. From this decision of the county super- 
intendent, John Holroyd takes appeal, and thus the case comes be- 
fore the superintendent of public instruction for review. 

The law contemplates that all the youth of the state shall enjoy fa- 
cilities for education as nearly equal as practicable; but the testimony 
in this' case shows that several families are practically denied school 
advantages on account of distance, some residing from four to five 
miles from any school-house. 

The division of said territory into five sub-districts was approved by 
the electors at their annual township district meeting, by one-half of 
the board of directors, and by the county superintendent; and as there 
is no violation of law or sacrifice of justice and equity, we are con- 
strained to acquiesce in their judgment, and sanction the decision of 
the county superintendent. We will, however, call attention to the 
fact, that the three sub-districts formed from the old " number Two," 
are geographically small and financially weak ; and we therefore sug- 
gest that the interests of the township might better be subserved by 
dividing the old sub district number Two into only ttoo sub-districts, 
and removing the school-house now erected to a central location in one 
of them, and then building only one new house. There is an objec- 
tion to making sub-districts too small, on account of the increased diffi- 
culty and expense of sustaining good schools. Two schools in the old 
sub-district number Two, properly located, would undoubtedly accom- 
modate the people and pupils reasonably well. If this suggestion is 
approved by the board of directors, they may give it practical efiect, 
the preceding part of this decision to the contrary notwithstanding. 

Affirmed. 
D. FRANKLY WELLS, 
Superintendent of Public Instruction. 

January 15, 1868. 



SCHOOL LAW DECISIONS. 59 



Joseph F. Edwards v. District TownshiiJ of West Point. 



Joseph F. Edwards, et al. v. Disteict Township op West Point, 

Appeal from Lee County. 

1. Appeal. The right of appeal is not limited to cases of personal griev- 
ance. 

2. DiscBETioNARY AcTS. The county Superintendent having Only appellate 
jurisdiction, should not reverse discretionary acts of the board, witliOut ex- 
plicit and clearly stated proof of the abuse of such discretion, even though 
not fully approving their action. 

3. Sub-District Bopndaeies : Change of. The acts of a board of directors 
changing sub-district boundaries and locating school-houses are so far discre- 
tionary that they should be affirmed on appeal, unless it is shown that there 
has been an abuse of discretion. 

September 16, 1867, the board of directors of the district township 
of Wsst Point, Lee county, transferred one hundred and twenty acres 
of land belonging to one Timothy Allen, from sub-district number One 
to sub-district number Three, in the same district township. From 
this alteration of sub-district boundaries, Joseph F. Edwards et al. ap- 
pealed to the county superintendent, by whom the order of the board 
of directors was reversed. From this decision of the county superin- 
tendent, Timothy Allen appeals to the superintendent of public 
instruction. 

tf. J^a)i VaUvenburg and (J. C. JSFourse for appellant. 
e/". 31. Casey for appellee. 

It is not claimed that the board of directors exceeded their powers 
in changing boundary lines, or in any respect violated law. While 
equality among the several sub-districts, in area, population, and taxa- 
ble property is, in some respects desirable, it is not required by law, 
and in fact is impracticable. The claim in the argument of appellees 
that the action of the board was necessarily wrong, because it had the 
effect to increase the inequality in some or all of these respects, is not 
well founded. It is an element which should receive proper consider- 
ation, but it will not always exercise a controlling influence. 

Mr. ISTourse, in his argument for appellant, claims that "no right of 
appeal existed in the plaintiffs who took the case to the county super- 
intendent;" hence the county superintendent was without jui'isdiction. 
He claims that to entitle a person to the right of appeal the grievance 
must be of a personal character — one that affects the rights or inter- 
ests of the individual as distinguished from the public. In support of 
this view he refers to the following decisions by our supreme court: 
Hximphrey v. Ball., 4 G-. Green, 204; Myers v. /Simms, 4 Iowa, 500; 
McCune v. Sioafford.b Iowa, 552; Lip)p)encott v. Allander, 23 Iowa, 
536. In all of these cases it is held that there is no appeal from the 
8 



70 SCHOOL LAW DECISIONS. 



Joseph F. Edwards v. District Township of West Point. 

county court or the board of supervisors, unless the grievance is of a 
personal or individual character as distinguished from the public; and 
hence by analogy it is claimed that there is no appeal from the board 
of school directors unless the grievance is of a like character. If the 
right of appeal in the two cases was derived from the same statute, the 
decisions cited above would be conclusive. But these decisions are 
based upon section 267, Revision of 1860, in which the right of appeal 
is limited to "any matter affecting the rights or interests of individuals 
as distinguished from the public," etc; while appeals to county super- 
intendents are based on section 2133, Revision 1860, which provides 
that " any person aggrieved by any decision or order of the district 
board of directors in matter of law or fact," may appeal, etc. 

As section 2133 does not limit the right of appeal to cases of per- 
sonal grievance, the decisions cited have no application in the case 
under consideration. 

The important point upon which the issue in this case must turn 
remains to be stated. The meetino^ at which the change of sub-district 
boundaries was made was attended by six of the eight members of the 
board, and after a full discussion of the proposed change and an exam- 
ination of plats of the district, the change was made by unanimous 
vote, and subsequently approved by one of the absent members. The 
remaining sub-director, who resides in the sub-district from which the 
territory was taken, opposes the change. It is not claimed that the 
law was violated in the change, but only that the educational interests 
of the district were impaired. 

The question is not so much one of law as of sound judgment and 
discretion. The change was approved by seven of the eight members 
of the board, who reside in different parts of the township, six of whom 
at least, are absolutely without personal interest in the matter. It is 
opposed by one whose pecuniary interests are contingently adversely 
affected. The county superintendent opposes his judgment to the 
judgment of the board. What, in such a case, is the duty of the ulti- 
mate tribunal? 

The superintendent of public instruction has, as in duty bound, an 
earnest desire to sustain the acts and decisions of county superintend- 
ents. The legal presumption is always in favor of the correctness of 
official acts and decisions. While the state superintendent applies 
this principle to county superintendents, it is equally incumbent upon 
them to apply it to the decisions or orders of district boards of direct- 
ors. It not unfrequently happens that county superintendents decide 
appeal cases upon their own judgment and discretion as if they had 
original, instead of appellate, jurisdiction; and fail to give that consid- 
eration to the discretion of district boards, which the above principle 
requires. 

The law prescribing the duties of boards of directors is, in some re- 
spects, mandatory^ requiring that certain specified duties shall be 
performed in a particular manner. In other cases, the board acts as a 
local legislature, and its action is discretionary. Among these discre- 
tionary powers, though not including all of them, are the establish- 
ment and change of sub-district boundaries and the location of school- 



SCHOOL LAW DECISIONS. 7 1 



James C. Smith v. District Township of Maquolieta. 



houses. It has been doubted by some whether an appeal to the county 
superintendent, from acts of the board wholly discretionary, would 
lie. While the right of appeal in such cases is maintained, the real 
character should not be lost sight of; and the action of the board with- 
in the limits of the law should not be reversed unless it is evident that 
it acted with passion, prejudice or manifest injustice. It is a general 
principle in law that the exercise of discretionary power will not be 
interfered with unless it is fully apparent that such power has been 
abused. For further remarks on discretionary power and the manner 
of proving its abuse, reference is made to the case of Dougherty/ v. 
Tracy, county superintendent. 

In changing sub-district boundaries, and locating school-houses, the 
law gives the board of directors original jurisdiction, and as it is dis- 
cretionary power, the action of the board should be affirmed on appeal, 
unless it is fully app^^rent by the evidence, that the board violated law 
or abused its discretion. If there is a reasonable doubt, the board is 
entitled to its benefit. The action of the board may not be wholly 
approved by the judgment of the county superintendent, but if it be 
not illegal or clearly unjust, it should be sustained. When, however, 
county superintendents feel called upon to reverse decisions of school 
boards, they should give a clear and explicit statement of their reasons 
for so doing, that the superintendent of public instruction may be the 
better enabled to judge of the soundness of their conclusions. 

These general remarks have been made with a view to guide county 
superintendents in their decisions, as well as to indicate some of the 
principles which will be observed by the superintendent of public in- 
struction in the adjudication of similar cases. 

In the particular case under consideration, the board of directors 
with unusual unanimity, performed a discretionary act. It is not 
claimed that this act was illegal, or the board was influenced by im- 
proper motives. It is not satisfactorily proven that the act was unjust. 
In our opinion, the evidence does not sustain the county superintendent 
in annulling the order of the board, and his decision is therefore 

Revebsbd. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

February 15, 1868. 



James C. Smith v. Disteict Township of Maqitoketa. 

Appeal from JacTcson County. 

1. Affidavit. The affidavit may be amended when such action is not , 
prejudicial to the rights of any party interested. 

2, County Superintendent. May upon appeal create sub-district. 

At the regular semi-annual meeting of the board of directors of the 



'J- 2 SCHOOL LAW DECISIONS. 



James C. Smith v. District Township of Maquoketa, 



district township of Maquoketa in September, 1867, Jacob Markle and 
twenty-seven others presented a petition, asking that all of that portion 
of sub-district number Five, lying south of the Maquoketa river should 
be set off into a separate sub-district. The prayer of the petition was 
refused, whereupon James C. Smith, one of the petitioners, appealed 
to the county superintendent, who reversed the action of the board, 
and created a new sub-district south of the river. From this decision, 
D. F. Farr and E. H. Patterson appeal to the state superintendent. 

The evidence discloses the following facts: sub-district number Five 
is divided by the Maquoketa river into two nearly equal portions, the 
school-house being situated on the north side of the river. Said river 
is a navigable stream, the only means of crossing it being the ice in 
winter and a ferry in summer. It is subject to freshets, and obstruc- 
tions from ice, so as to be impassable for days in succession. The 
weight of evidence shows the river to be such an obstruction, that 
children cannot, with reasonable facility enjoy the advantages of a 
school on the opposite side from that on which they reside. That this 
difficulty was recognized by the boai'd is evidenced by the fact, that an 
appropriation of forty dollars was made last summer to support a 
school in that part of the sub-district south of the river. Some children 
have never attended school north of the river, because their parents 
consider the crossing of the river fraught with danger. 

Charles Rich for appellant. 

No appearance for appellee. 

The appellant assigns three errors: 

1. The insufficiency of the affidavit of J. C, Smith, and the conse- 
quent want of jurisdiction by the county superintendent. 

2. That the county superintendent permitted said affidavit to be 
amended on the day of trial, thus admitting its insufficiency. 

3. That the county superintendent divided said sub-district number 
Five into two sub-districts. 

The system of appeals to county superintendents was inaugurated 
to provide a speedy and inexpensive method of adjusting difficulties 
arising in the administration of school laws. From the fact that 
many of the cases arising, are prosecuted by the parties interested 
without the intervention or assistance of lawyers, no very stringent 
rules of practice have been adopted. The object of this system of 
appeals, is to promote uniformity in the operation of school laws, and 
the attainment of substantial justice ; and this object should not be 
defeated by technical objections. 

While the affidavit of said Smith was not as full as it is customary to 
make such papers, it yet had such completeness as enabled the county 
superintendent to obtain a transcript of the proceedings of the board 
relating to the alleged grievance; and the ruling of the county super- 
intendent on the first two points is sustained. It is neither intimated 
nor believed that the irregularities complained of prejudiced the inter- 
ests of appellants. 



SCHOOL LAW DECISIONS. 



73 



S. L. Curry v. District Township of Franklin. 



The law imposes equal burdens upon all projjerty in the township 
for contributions to the "teachers' fund" and the " contingent fund," 
and it contemplates that all the youth of the state shall enjoy as nearly 
as practicable, equal educational facilities. The county superintendent, 
by his appellate jurisdiction, had power to create the new sub-district. 
As by the evidence, the youth south of the river could not with rea- 
sonable facility enjoy the advantages of a school on the north side, 
the county superintendent was justified in interfering with the discre- 
tionary powers of the board, and in establishing a new sub-district 
south of the river. 

Affirmed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 
February 15, 1868. 



S. L. Curry v. District Township of Fra-Nklik. 
Appeal from Decatur County. 

1. County Superintendent: Has no jurisdiction of an appeal until an 
affidavit is filed. 

2. Affidavit. An affidavit is a statement in writing, signed and made 
upon oath before an authorized magistrate. 

3. Notice. The county superintendent should not issue notice of final 
hearing until both the afiidavit and transcript of the district secretary have 
been filed in his ofiice. 

4. Discretionary Acts: May be reversed on appeal, but should not be 
disturbed except upon evidence of unjust exercise or abuse. 

December 16, 1867, at a special meeting of the board of directors, 
a vote to change the boundaries of sub-districts in the district township 
of Franklin, Decatur county, so as to form a new sub-district in ac- 
cordance with the prayer of petitioners, resulted in a tie. From this 
virtual refusal to act, S. L. Curry appealed to the county superintendent, 
who on the 31st of the same month formed a new sub-district. 

No appearance for appellant. 

Ed. Curry for appellee. 

Appellant alleges in his affidavit that the county superintendent as- 
sumed jurisdiction of this case without warrant of law ; that there 



74 SCHOOL LAW DECISIONS. 



S. L. Curry- v. District Township of Franklin. 

never was " at any time an affidavit or any other statement in said ap- 
peal case filed in the office of" the county superintendent ; hence the 
want of jurisdiction. 

The " act to provide for appeals," section two, provides that " The 
basis of proceeding shall be an affidavit, filed by the party ag- 
grieved loith the county superintendent, within the time allowed for 
taking the appeal." An affidavit is a statement in writing, signed 
and made upon oath before an authorized magistrate. A county 
superintendent can have no proper jurisdiction of an appeal case, until 
such affidavit has been-filed. A notice of intention to file an affidavit, 
a verbal complaint, or a petition, is not sufficient to give the county 
superintendent jurisdiction in appeal cases. The affidavit setting forth 
" the errors complained of in a plain and concise manner" must be in 
his hands before he is justified in commencing proceedings. The de- 
cision of the superintendent recites that the affidavit was filed Decem- 
ber 21, which might be taken as conclusive, if it was not contradicted 
by the record. The transcript shows that said affidavit was not sub- 
scribed and sworn to until December 28, hence we do do not clearly 
see how it could have been filed on the 21st. 

December 24, four days before the affidavit was made, and which 
appellant alleges was never filed with the superintendent, said superin- 
tendent gave notice to the parties that the hearing would take place on 
the 30th. This proceeding, as an appeal case, was entirely unauthorized 
by law; and as he commenced proceedings in disregard of the plain 
provisions of law and without legal jurisdiction, his decision is 
annulled. It may be said, and not without authority, that as both 
parties responded to the notice, and came before the superintendent, 
that he thereby acquired jurisdiction; but we feel unwilling to sanction 
disregard of law by approving such great irregularities. 

Without touching the real merits of the question at issue — the 
formation of a new sub-district, which we are willing to leave to the 
local authorities — we refer briefly to a few points of law raised by 
appellants: 

1. The county superintendent should not issue notice of final 
hearing until both the affidavit and the transcript of the district 
secretary have been filed in his office. 

2. The law does not require that a revenue stamp shall be affixed to 
an affidavit; hence the neglect to cancel such stamp when affixed is 
immaterial. 

3. Though the change of sub-district boundaries by the board of 
directors be a discretionary act, it may be reviewed by the county 
superintendent, on appeal; but the decision of the board should not 
be disturbed unless said discretionary power has been abused, or 
exercised unjustly. 

4. The county superintendent should have received the remon- 
strances offered on trial in evidence, and exercised his judgment as to 
their weight and value. 

Reveksbd. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 
March 26, 1868. 



SCHOOL LAW DECISIONS. 75 

Tunison and Roy v. District Township of Wilton. 

. Tuuisox AXD Rot t. District Township of Wilton. 
Appeal from 3fuscatine County. 

1. Jurisdiction. After the expiration of thirty days the county superin- 
tendent can acquire no jurisdiction in appeal cases. 

2. Appeal. All unwise or inexpedient action of the board, whether of law 
or of fa. t, when within their powers, must find its correction by an appeal to 
the county superintendent. 

March 18, 1867, the board of directors of the district township of 
WiltoD, in accordance with a petition of electors, voted to relocate the 
site of the school house in sub-district number Five, of said district 
township, and to remove the school-house to the new site. On the 
26th of December following, Tunison & Roy appealed from this order, 
to the county superintendent, who February 10, 1868, rendered his de- 
cision, admitting the power of the board to change the site, and ex- 
pressing his approval of the change made, but reversing the order of 
the board so far as it related to the removal of the house. The sub- 
district was formed prior to March 12, 1858, and consisted of parts of 
two civil townships. 

Wm. F. Brannan for appellant. 
Cloud c& Broonihall for appellees. 

The appellant assigns as errors the following: 

1. The overruling of his motion to dismiss. 

2. The reversal of the order of the board of directors to remove the 
house. 

The question of the jurisdiction of the county superintendent first 
demands attention. An act to provide for appeals, section 2133, Re- 
vision 1860, provides that "any person aggrieved by any decision or 
order of district board of directors, in matter of law or of fact, may 
within thirty days after the rendition of such decision or the making of 
such order, appeal therefrom to the county superintendent of the proper 
cc'unty." The counsel for appellees, quoting this section, say: "The 
above quoted statute is not unlike the statute allowing appeals from 
the county court, section 26Y, Revision I860, with this marked differ- 
ence, that in" the latter case the statute is mandatory; and under that 
statute the supreme court has said that upon a proper showing an ap- 
peal can be taken at any time within one year. In the present case the 
statute says an appeal may be taken at any time within thirty days. 
There is no prohibition upon an appeal after that time, even by 
implication." 

If this argument is sound, it will become necessary for this depart- 
ment to reverse its decision heretofore made, that the county superin- 
tendent can acqttire no jurisdiction, unless the appeal be taken within 
the thirty days allowed by law. 



fjQ SCHOOL LAW DECISIONS. 



Tunison and Roy v. District Township of Wilton. 



The right to appeal from the decisioji or order of a board of school 
directors, is not a natural and universal right, and it can be enjoyed 
only in the manner and to the extent that the law permits. It is true 
that the law does not, in express terms, prohibit an appeal after thirty 
days; but the right of appeal after the expiration of that time does not 
exist simply because the law does not grant it. By implication it is 
prohibited. 

As asserted by counsel, the provisions of section 267, Revision 1860, 
are, in some respects, not unlike those of section 2133. In both, the 
right of appeal is limited to thirty days. But the decision of the 
supreme court, to which allusion is made, but to which no reference is 
given, authorizing an appeal at any time within one year, is probably 
based upon section 270, Revision 1860, which expressly extends the 
time for taking an appeal from the county court, in certain cases, to 
one year. There is, however, no corresponding provision in the act 
providing for appeals to county superintendents; hence, the decision 
referred to, has no application whatever to the case now under consid- 
eration. In the case of jState v. Flemiyig, 13 Iowa, 444, the supreme 
court says substantially that "If a party fails to prosecute his remedy 
by appeal" within the time allowed by law, " such right is forever at 
an end." The act under which this case is brought provides in section 
2134, Revision, that "the basis of proceeding shall be by an affidavit, 
filed by the party aggrieved with the county superintendent, within the 
time allowed for taking the appeal," which the previous section fixes 
at thirty days. 

If the theory of the county superintendent and of appellees is correct, 
and the right of appeal is not limited to thirty days, then there is no 
limit fixed by law ; and decisions or orders made by boards of directors 
years ago may now be reviewed by county superintendents, and set 
aside. But none will claim this. The law demands that persons who 
are aggrieved by the action of boards of directors shall seek prompt 
-redress by appeal, if this remedy is sought at all. 

The first remedy sought by the parties aggrieved by the action of 
the board, was in the courts ; and it was not until the supreme court 
decided, at the December term, 1867, that "all unwise or inexpedient 
action of the board, whether of law or of fact, when within their 
powers, must find its correction by an appeal to the county superintend- 
ent," that the affidavit of plaintiff was filed. In the meantime nine 
months had elapsed, and the error, though innocent, was fatal. 

After the expiration of thirty days, the county superintendent can 
acquire no jurisdiction under the law in appeal cases. The case is, 
therefore, remanded to the county superintendent, who will dismiss the 
same for want of jurisdiction ; and the board of directors will have 
full liberty to carry out its order of March 18, 1867. 

It may not be improper to add that in making his decision, the 
county superintendent seems to have been influenced by the fact that 
the sub-district was formed prior to March 12, 1858, from parts of two 
civil townships, and that if the school-house should be moved, the ter- 
ritory would revert — section 78, chapter 172, laws 1862— to the district 
townships to which it geographically belongs. He appears also to 



SCHOOL LAW DECISIONS. 77 



C. S. Gordon v. District Township of Brown. 

have been impressed with the belief that the disintegration of the sub- 
district, and the consequent equitable adjustment of assets and liabili- 
ties would necessitate the sale of the school-house, which could not be 
accomplished without a vote of the electors of the district township. But 
in regard to the necessity for selling the house in order to adjust the 
differences, the county superintendent is believed to have labored under 
a misapprehension. Any amount which may be found legally due from 
one district township to the other in consequence of the removal of the 
house, can as well be raised from existing funds, or raised by future 
taxation. 

Reversed. 
D. FRANKLIN WELLS, 
Superintendent of JPublic Instruction. 
June 6, 1858. 



C. S. GOEDOK V. DiSTKICT ToWNSHIP OF BrOWN". 

Appeal from Linn County. 

4 

1. District Township. ^ hould not ordinarily contain more than nine sub- 
districts. 

2. County "UPBFiNTENDENT. Should not reverse an action of the board of 
directors which is in accordance with instructions of the superintendent of 
public instruction. 

3. Sub-Districts : Size of. There are serious objections to the formation 
of small sub-districts. 

The board of directors of the district township of Brown, Linn 
county, Iowa, at a meeting held February 8, 1868, and attended by all 
the members of the board except one, voted unanimously to re-district 
the district township, and to relocate school-house sites in accordance 
with a decision of the superintendent of public instruction, ren- 
dered January 28, 1868, and in accordance with a plat submit- 
ted. From the action of the board in this matter Charles S. Gordon 
appealed to the county superintendent, by whom the case was heard 
March 12, 1868, and whose decision, rendered the following day, 
reversed the action of the board on the ground of alleged non-compli- 
ance with the decision of the superintendent of public instruction, as 
rendered on the said January 28, 1868, in the case of Gordon v. JDis- 
trict Toxonship of Broion. 

The decision of the superintendent of public instruction above 
referred to, was provisory. It declared that if the board of directors 



78 



SCHOOL LAW DECLSIONS. 



C. S. Gordon v. District Township of Brown. 



should promptly make certain changes therein indicated, that the 
decision of the county superintendent made November 12, 1867, forming 
a new sub-district, should be void; otherwise, in full force and effect. 
It required that school-house sites should be selected " at or near " 
certain points named; thus giving the board limited discretion in their 
location, and full discretion in regard to the boundaries of sub-districts. 
In one instance, a site was selected about one-fourth of a mile from the 
Doint indicated; but as the plat showed that it was at the crossing of 
two roads, and that it was nearer the center of the sub-district as 
established by the board, this variation was approved. The other sites 
selected by the board did not vary from the points indicated in the 
decision. The changes made by the board on the said 8th day of Feb- 
ruary, were submitted to the superintendent of public instruction, who, 
March 3, gave them his official sanction and approval. 

Mr. Gordon's appeal was based principally upon the fact that one of 
the sites, as explained above, was not at the precise point indicated by 
the decision of the superintendent of public instruction; and hence, as 
the board had not strictly complied with the proviso of said decision, 
the decision of the county superintendent, made November 12, 186Y, 
establishing a new sub-district, was in full force and effect, and should 
have been regarded by the board. 

In support of its action the board offered in evidence the official ap- 
proval of the superintendent of public instruction; this, however, was 
ruled out, by the county superintendent, on the alleged ground that it 
was "ecc parte testimony" obtained by one party after the inauguration 
of the appeal, without notice to the other party. In this ruling the 
county superintendent erred. The decision of the superintendent of 
public instruction being provisory, it was competent for him to confirm 
the subsequent action of the board in relation thereto, and to determine 
whether the location of sites, made was, under the circumstances, a 
sufficient compliance with the decision. The phrase " at or near " im- 
plied that there might be a variation from the precise point named, and 
when this variation was officially approved, it was binding upon the 
county superintendent. 

The provisory decision of January 28, permitted the board to exercise 
all the discretionary power in re-districting which the law confers. 
From their exercise of this power, also, the plaintiff appeals. The 
record shows that there are now ten sub-districts in Brown district 
township; but the plaintiff wishes another formed which shall contain 
only one and one-fourth sections. In our opinion there are serious 
objections to the formation of small sub-districts. The small number 
of children and the small amount of taxable property which they will 
usually contain, will insure a feeble support for the schools. Cheap 
teachers, short terms of school, and poor schools will inevitably result. 
Not every man can have a public school in his own immediate neigh- 
borhood. It is better that children should go a little farther, and have 
a good school when one is reached. Except in peculiar circumstances, 
we doubt whether there ever ought to be more than nine sub-districts 
in any district township of ordinary size, and it might be better to have 
only six. A school centrally located on every four or six sections of 



SCHOOL LAW DECISIONS. 79 



C. S. Gordon v. District Township of Brown. 

land, would afford reasonable facilities to all. Even in populous dis- 
tricts, it would be better to increase the size of the schools and have 
more than one teacher if necessary, than to adopt the disastrous policy 
of subdivision. 

The county superintendent in his lengthy argument in support of his 
decision, dwells upon some slight discrepancies in the secretary's 
transcript. At a meeting of the board, February 8, it appears that a 
motion was made to " proceed to re-district," etc. One transcript says 
this motion carried; the other, omits such a statement. The county 
superintendent alleges that it was carried " by only one vote." Whether 
it carried or not is, under the circumstances, entirely immaterial; as a 
motion was subsequently unanimously adopted, the ayes and noes 
being called, to adopt a certain plat on which the changed boundaries 
of the sub-districts were marked, and the school-house sites indicated. 
This was the important vote of the meeting, and in regard to its 
adoption there is no question. Even admitting that one man did not 
vote for it as claimed, there was still left more than the legally required 
number of votes. But the integrity of an official record can not be 
impeached by any such collateral proceeding. It was error to admit 
evidence contradicting the record. 

The board of directors had full discretionary powers in the matter of 
re-districting the township district, and the manner in which they exer- 
cised this power was a proper subject of review by the county superin- 
tendent on appeal. At the time the plaintiff's affidavit was filed, the 
county superintendent had no knowledge that the acts of the board on, 
said 8th day of February had been approved by the superintendent of 
public instruction, or that they would be so approved; he therefore 
properly assumed jurisdiction of the case. When, however, the action 
of the superintendent of public instruction became known, the county 
superintendent shoulu have been governed by it, and he should have 
affirmed the action of the board of directors or dismissed the case. 

For reasons heretofore given, as well as upon the real merits of the 
case, and to promote the educational interests of the district township 
at large, the decision of the county superintendent is 

Revebsed. 
D. FRANKLIN WELLS, 
Superintendent of Puhlio Instruction, 

Jane 8, 1868. 



80 



SCHOOL LAW DECISIONS. 



J". M: Markley v. District Township of Ludlow. 

F. M. Markley v. District Township of Ludlow. 

Appeal from Allainahee County. 

Sub-District Boundaries. The action of the board in forming new sub- 
districts will be sustained on appeal, unless it is made to appear that their 
action was illegal, or that manifest injustice will result tLerefrom. The refusal 
of the board to form a new sub-district fr m parts of four sub-districts which 
comprise four sections of land each, arranged in compact form, each sub-dis- 
trict having a school-house centrally located, is not such an act of injustice 
or such an abuse of discretion as to justify the interference of the superin- 
tendent. 

September 15, 1867, F. M. Markley and others filed with the board 
of directors of the district township of Ludlow, a petition asking the 
formation of a new sub-district from parts of sub-districts numbered 
One, Two, Five, and Six of said district township. Without rehears- 
ing all the attendant facts, it is sufficient to state that the prayer of the 
petitioners was refused ; and that on the 29th day of February, 1868, 
the county superintendent on appeal reversed the action of the board, 
and created a new sub-district whose limits he defined, and which he 
denominated sub-district number Ten. From the decision of the 
county superintendent as stated above, the district township of Lud- 
low through its president, J. C. Smith, takes appeal to the superintend- 
ent of public instruction. 

Samicel H. JCinne for appellant. 
Hatch Ss Granger for appellee. 

By the mutual agreement of parties, as shown by the records, the 
case was submitted on the evidence adduced in the case of Grattan v. 
District Toionship of Ludlow, determined by the superintendent of 
public instruction, December 14, 1867. 

Some irregularities are alleged in the hearing before the county su- 
perintendent, but as these appear to have been without prejudice to the 
other party, their consideration is omitted, and the case will be deter- 
mined upon its merits. 

The evidence discloses that Ludlow district township is divided into 
nine sub-districts of four sections each, and that the school-house in 
each, particularly in that part of the township under consideration, is 
located at or near the geographical center of the sub-district. 

The new sub-district, as formed by the county superintendent, in- 
cludes a well settled neighborhood at the crossing of two roads, and 
the intersection of four sub-districts. One of these roads is a stage 
route and is kept open in winter; the other is well traveled. All the 
roads of the township, though generally good, are liable to be drifted 
in winter, so as to be difficult, and at times impassible for children. 
The uncontradicted testimony of at least thre6 witnesses is to the effect 
that the roads from the neighborhood in question, to the several 



SCHOOL LAW DECISIONS. 



F. M. Markley V. District Township of Ludlow. 



school-houses, are as good as the roads in other portions of the town- 
ship, if not better. The school facilities in sub-districts One, Two, Five 
and Six, are fully as good as in other sub-districts, and by some wit- 
nesses thought to be better. A majority of those to be accommodated 
by the new sub-district reside at a distance from one mile to two miles 
from any school-house now erected or in contemplation. There are 
about forty children of school age— from five to twenty-one years-— 
within the limits of the proposed new sub-district. 

The claim for the new sub-district is based substantially upon drifted 
roads, distance, and the number of children. It is alleged that the 
first two are of such a character as to seriously abridge the enjoyment 
of school privileges. There is nothing in the testimony which indi- 
cates that the petitioners for the new sub-districts are compelled to en- 
dure any peculiar hardship arising from the drifted snow, beyond 
what is endured by their neighbors in other portions of the township. 
On the other hand they claim that one-half of the distance they are 
now required to travel to reach a school-house, is less liable to perma- 
nent obstructions than most of the roads of the township; indeed, one 
of the arguments for the new sub-district is based upon the fact that 
the "post-road" is always open. The consideration of distance is inti- 
mately associated with the number, size, and shape of sub-districts in 
the district township, as well as with the location of school-houses. 

The manner in which a district township should be divided into sub- 
districts is a subject in regard to which a great variety of opinion may 
exist. Its practical solution requires the exercise of sound judgment 
and discretion. A former superintendent of public instruction was of 
the opinion that each sub-district should comprise nine sections of 
land. Thus divided, an ordinary congressional township would con- 
tain but four sub-districts ; and even if compactly formed, and the 
school-houses centrally located, persons might reside at a distance of 
three miles from the school-house. This he thought would provide 
good educational facilities so far as distance is concerned. This view 
of the case has not been universally accepted; yet the adherence to it 
has been closer than is generally believed. The last published report 
of the state superintendent to the general assembly shows that the 
average number of sub-districts to each district township throughout 
the whole state is Jess than Jive. The ratio for the county of Allama- 
kee, and indeed for the older and more populous counties, is only about 
six. The district township of Ludlow already contains nine sub- 
districts, there being only two other townships in the county that con- 
tains an equal number. My immediate predecessor in office in referring 
to this subject used the following language: "As a general rule, it is 
better to have large sub-districts with good school-houses well fur- 
nished, than to have small sub-districts with small and poorly furnished 
school-houses." This view is entertained, not only by the prominent 
educators of Iowa, but by those of other states. The danger is that 
we may continue to divide and subdivide until the sub-districts become^ 
so numerous that the school buildings will be of an inferior character, 
and the schools taught in them practically worthless. The common 
school reform in other states has been characterized by the consolidation 



82 SCHOOL LAW DECISIONS. 

F. M. Markley v. District Township of Ludlow. 

rather than the division of districts. Iowa should avoid the necessity 
for consolidation by keeping the sub-districts of a good, life-sustaining 
size. As the number of sub-districts is increased beyond a certain 
limit, the size of the schools will naturally be diminished ; and when 
the schools are small there is a very common feeling that the teachers 
must be cheap, hence the instruction is poor. There are other locali- 
ties in Ludlow district township whose inhabitants are at the same 
distance from school as the petitioners, and whose roads are equally 
drifted by snow, and who have the same claim with the petitioners in 
these respects to a new sub-district. I have learned incidentally that 
in some of these localities appeals have already been taken, and that 
in others they are contemplated ; so the question is not practically 
whether the number of sub-districts shall be increased to ten, but 
whether it shall be indefinitely increased. 

While the establishment of the proposed new sub-district would un- 
doubtedly promote the convenience of a few, there are serious doubts 
whether it would subserve the best educational interests of the district 
township. The proposed sub-district contains about forty persons from 
five to twenty-one years of age, but for whom the houses already built 
contain ample accommodations. As a rule, this number would make 
but a small school; for the average attendance in Allamakee county, 
as well as in the whole state, is only forty per cent, of the whole num- 
ber of persons of school age. But while the number of teachers should 
be determined in part by the attendance at schools, the number of 
schools can not be governed very largely by it. When the attendance 
at any school becomes too large for one teacher, instead of dividing 
the territory which may be tributary to the school, it is believed to be 
a better policy to employ an additional teacher and grade the school, 
thus securing more efficient instruction. In this way the schools may 
be improved as the county becomes more populous. 

In the case of Edwards v. District Township of West Point, the 
following language is used: " It is a general principle of law that the 
exercise of discretionary power will not be interfered with unless it is 
fully apparent that such power has been abused. * * * In 
changing sub-district boundaries and locating school-houses, the law 
gives the board of directors original jurisdiction, and as it is discre- 
tionary power, the action of the board should be ajffirmed on appeal, 
unless it is fully apparent by the evidence that the board violated law 
or abused its discretion. If there is a reasonable doubt, the board is 
entitled to its benefit. The action of the board may not be wholly 
approved by the county superiMtendent, but if it be not illegal, or 
clearly unjust, it should be sustained." In the case of Mastman v. 
District Township of Bapids, 21 Iowa, 590, in referring to the board 
of school directors, the court says: "These local tribunals, acting it 
is true as the officers of the district, and yet personally disinterested, 
must necessarily and properly while within the scope of these powers, 
be invested with large discretion, and great weight is deservedly due 
to their action. * * * The safe rule— a rule due alike to the inter- 
ests of the schools, and warranted by the language and reason of the 
law — is to sustain the local tribunals." 



SCHOOL LAW DECISIONS. 



83 



Elias Sipple v. District Township of Lester. 



There is no claim in this case of illegal action. The refusal of a 
board of directors to form a new sub-district from parts of four sub- 
districts which comprise four sections of land each, arranged in com- 
pact form, each sub-district having a school-house centrally located, is 
not such an act of injustice or such an abuse of discretion as to justify 
the interference of either the county superintendent or the superintend- 
ent of public instruction. This conclusion will not, however, be un- 
derstood as debarring the board of directors from forming such a sub- 
district, should its establishment to them at any time seem wise and 
necessary. 

This decision, which is adverse to the claims of personal friendship 
and sympathy, is necessitated by a determination long since expressed 
to sustain the action of boards of directors whenever such support 
can be consistently given. 

The administration of school laws can be simplified and their appli- 
cation made uniform only by the observance of such general principles 
as may be approved by reason and experience, and to such rules every 
consideration of duty requires adherence. 

Reveeskd. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

July 8, 1868. 



Elias Sipple v. Distbict Township op Lbstbe. 

Appeal from JBlacJc HaioTc County. 

1. SuB-DisTEiCT BouNDAEiEs:" Change of. At the hearing of an appeal 
before the county superintendent, it is competent for him, upon his own mo- 
tion, to call additional witnesses to give testimony. 

2. Evidence: Parol. Cannot be received in the absence of allegations of 
fraud, to contradict or impeach the validity of school district records. 

3. Eecoed. The board of directors may at any time amend the record of 
the district, when necessary to correct mistakes or supply omissions. And 
may, upon proper showing, be compelled, by mandamus, to make such cor- 
rections. 

At the regular meeting of the board of directors of the district town- 
ship of Lester, held September 16, 1867, which was attended by four of 
the seven members of the board, motions were made and seconded for 
the creation of two new sub-districts whose boundaries were described in 
the motions. In regard to the action on these motions, the record of 



34 ' SCHOOL LAW DECISIONS. 



Elias Sipple v. District Township of Lester. 

the secretary contains merely the word " carried." At a special meeting 
of the board, held February 15, 1868, the action of the board in Sep- 
tember in relation to the formation of new sub-districts was " re-con- 
sidered" and "rescinded." From the February action, Elias Sipple 
appealed to the county superintendent. During the progress of the 
hearing, which took place March 20, 1868, the county superintendent 
called upon one of the four members of the board that attended the 
September meeting, who testified that he did not vote for the motion 
to create a new sub-district. As it thus appeared that the new sub- 
districts were not established by a vote of a majority of all the mem- 
bers of the board, as required by law; and as said September action 
was rescinded at a full meeting of the board in February, the county 
superintendent, considering the formation of the sub-districts illegal 
and void, dismissed the appeal. From this decision Barney Wheeler 
appeals to the superintendent of public instruction. 

G. Bishop for appellant, 
Bagg c& Miller for appellee. 

Appellant alleges substantially that the county superintendent erred 
as follows : 

1. In himself calling a witness to give testimony. 

2. In receiving testimony to impeach the district record, which is 
claimed to be valid and binding after thirty days. 

3. In dismissing the appeal. 

4. In not establishing the sub-districts. 

The law requires the county superintendent to give a "just and 
equitable" decision, and as the calling of additional witnesses may 
sometimes enable him to discharge this duty more faithfully his action 
in this respect is sustained. 

The second error assigned really includes two distinct points, which 
will be considered separately ; and first, in regard to the impeachment 
of the district record. The law provides for an'annual meeting of the 
electors of the district township, and for semi-annual and special meet- 
ings of the board of directors ; also that " the secretary shall record 
all the proceedings of the board and district meetings in separate books 
kept for that purpose." It is a general principle of law that "oral 
evidence can not be substituted for any instrument which the law 
requires to be in writing, such as records, public documents," etc. 
1 Greenleaf 8 Evidence, §8&. "It is a well settled rule that, where 
the law requires the evidence of a transaction to be in writing, oral 
evidence can not be substituted for that, so long as the writing exists 
and can be produced ; and this rule applies as well to the transactions 
of public bodies and officers as to those of individuals. The People 
V. Zeyst, 23 N. Y. 142. In the case of Taylor v. Henry ^ 2 Pick., 
397, the supreme court of Massachusetts held that an otnission in the 
records of a town meeting could not be supplied by parol evidence. 
Chief justice Shaw in discussing the case said that it would be "danger- 
ous to admit such a proof." Mr. Starkie, in his valuable treatise on 



SCHOOL LAW DECISIONS. 35 



Elias Sipple v. District Township of Lester. 

Evidence, says : "Where written instruments are appointed either by 
the immediate authority of the law or by the compact of the parties, to 
be the permanent repositories and testimony of truth, it is a matter 
both of principle and of policy to exclude any inferior evidence from 
being used either as a substitute for such instruments or to contradict 
or alter them : of principle, because such instruments are, in their own 
nature and origin, entitled to a much higher degree of credit than that 
which appertains to parol evidence : of policy, because it would be 
attended with great mischief and inconvenience, if those instruments 
upon which men's rights depend were liable to be impeached and con- 
troverted by loose collateral evidence." Starkie, part IV, page 995, 
vol III, 3d Am. Ed. 

The reason of the rule upon which the courts agreed with such entire 
unanimity, applies with force in the case now under consideration. 
The records of the district and board meetings contain a statement of 
the regulations adopted, and the acts done in the exercise of the powers 
with which the respective bodies are invested by the law. They 
present to all the citizens of the district township, in a permanent form, 
certain and definite information which .could be obtained, with equal 
certainty, in no other way. Memory is defective, but the secretary 
records the transactions as they occur. The actors change from year 
to year, but the record is permanent. And though the admission of 
oral testimony to alter a record or to supply an omission therein, might 
sometimes promote the attainment of justice, the prevalence of such a 
practice would result in more evil than good. It is held, therefore, 
that in the absence of alleged fraud, the county superintendent errs in 
admitting parol evidence to contradict or impeach the record of the 
September meeting of the board of directors. 

In regard to the other part of the second point, a few words> will 
suffice. The counsel for appellant urges that though the record of the 
September meeting was imperfect, the lapse of thirty days made the 
record valid and binding upon the district. It is true that the right to 
take an appeal to the county superintendent expires after thirty days; 
but I am unable to see how the lapse of time will validate what was be- 
fore invalid. The secretary is the proper custodian of the records of 
the school district, and before the record of the proceedings of the 
board of directors has been approved or adopted by the board, the sec- 
retary may amend them by supplying omissions, or othei'wise correct- 
ing them. After they have been approved, they may be amended and 
corrected by direction of the board, even after the lapse of thirty days. 
In Massachusetts a town clerk is permitted to amend the record in 
order to supply defects, even after a suit involving a question respect- 
ing them has been commenced. I am of the opinion that if the sec- 
retary or board of directors decline to make necessary corrections in 
the record, that a party interested may proceed by mandainus to com- 
pel the correction. If the record is to be impeached, it must be, in the 
absence of fraud, by a direct proceeding instituted for that purpose, 
and not by a collateral or indirect method. The People v. Zeyst, 28 
iV: T. 147-8. 

The district record in this case is not as full as it might with propri- 
10 



86 SCHOOL LAW DECLSIONS. 



Elias Sipple v. District Township of Ludlow. 

ety be. The law provides that the boundaries of sub-districts shall not 
be changed except by the vote of a majority of the members of the 
. board. The record fails to show that this requirement of the law was 
complied with at the September meeting. The secretary says the 
motion to re-district " carried." This is his opinion, but he fails to 
give the fact upon which it is based. Four of the seven members were 
present, but he does not say who, or how many voted for the change. 
Properly this should have been stated. When, however, the district 
record declares that a motion was " carried," the law will presume that 
it was carried in accordance with the requirements of the statute; 
though there is reason to believe that the presumption in this instance 
is a violent one. It follows that there was no legal evidence that the 
sub-districts were not established in accordance with law; hence, the 
conclusion is inevitable, that the county superintendent erred in dis- 
missing the appeal for the cause assigned. 

At the commencement of the trial and again during its progress, the 
defendant moved the county superintendent to dismiss the case on ac- 
count of the insufficiency of the affidavit. The affidavit of Mr. Sipple 
is not as fall as it is usual to make affidavits in such cases, yet it " set 
forth the errors complained of" with such plainness and conciseness as 
enabled the county superintendent to obtain the necessary transcripts, 
and this is all that the law really requires. Rev. 1860, §2135. It has 
not been customary heretofore to enforce any particular fonn of affi- 
davit, and the county superintendent's ruling refusing to dismiss on 
defendant's motion is sustained. 

As the testimony appears not to have been all in \v^hen the case was 
dismissed by the county superintendent, no opinion can be given in 
regard to the propriety or necessity of establishing the proposed new 
sub-districts. 

The case is, therefore, returned to the county superintendent, who 
will proceed with the hearing, first allowing a reasonable time for the 
correction of the district record or for the enforcement of its correction, 
should such correction be deemed necessary by either of the in- 
terested parties. Should the district record be amended so as to 
show conclusively that the said sub-districts were not legally formed 
at the said meeting in September, it will follow that the said sub- 
districts never had a legal existence, and that the plaintiff could not be 
aggrieved by the action of the February meeting, hence the county 
superintendent will determine the case in favor of the appellee. Should 
said record not be amended, or should it be amended so as to show 
clearly that said sub-districts were established in all respects in con- 
formity with law, the question of establishing the new sub-districts, or 
more properly retaining their organization, will be determined upon 
its merits. 

Keversed. 
D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

July 23, 1868. 



SCHOOL LAW DECISIONS. " §7 



E, J. Miner v. District Township of Cedar. 



E. J. Miner v. District Township op Cedar. 

Appeal from Floyd County. 

1. Contested Election: Jurisdiction. The proper method of determin- 
ing a contested election for school director is by an action brought in the 
district court. 

2. Election : Evidence of. The certificate of the officers of the annual 
sub-district meeting is the legal evidence of election as sub-director, and as 
a general rule a board of directors is justified in declining to recognize a 
person as a member of the board until he produces such certificate. 

3. Evidence. Where the law requires the evidence of a transaction to be 
in writing, oral evidence can be substituted for it only when the writing can- 
not be produced. 

At the regular meeting of the board of directors of the district 
township of Cedar, Floyd county, held March, 1868, E.J. Miner appeared 
and filed his oath of office as director of sub-district number Three, of 
said district township, and claimed recognition as a member of the 
board from said sub-district. The said Miner failed to present to the 
board the certificate of the officers of the sub-district meeting or any 
other evidence of his election, except his own verbal statement. It 
was alleged in the board that he was not legally elected. Under these 
circumstances, the board refused him a seat and recognized his prede- 
cessor as holding over. From this order the said Miner appealed to 
the county superintendent; who after a full hearing of the manner in 
which the election was conducted, reversed the order of the board, 
and directed that the said Miner should be recognized as director 
of sub -district number Three, and as a member of the board of directors. 
From this decision an appeal is taken by A. J. Sweet, president of the 
board of directors. The above are but a small portion of the facts 
presented in the well arranged transcript of the county superintendent, 
but yet all that are material to the issues involved. 

The case presented by these facts is similar to that of Oekerman v. 
District Township of Hamilton^ and must be governed by the same 
principles. It was there held that the only proper way of determining 
a contested school election or the right of exercising any public office 
or franchise, is by an action in the nature of quo warranto brought in 
the district court. It seems unnecessary to repeat the arguments there 
used. Reference is made to that case as well as to the 19 Iowa, 199; 
18 Iowa, 59; 16 Iowa, 369; 17 Iowa, 366; and the other cases there 
cited. The principle involved in the preceding references was recog- 
nized by the county superintendent, when he said in his decision that 
*' the board of directors has no jurisdiction to inquire into the legality 
of the election of its members." When this just conclusion was 



gy SCHOOL LAW DECISIONS. 



E. J. Miner v. District Township of CeGar. 

reached, the case should have been dismissed; for the county superin- 
tendent can do on appeal only what the board itself might legally have 
done. 

The county superintendent held that as the president of the sub-dis- 
trict meeting refused to sign a certificate of election for the said Miner, 
that the board might receive other evidence of his election. In this, 
the county superintendent departed from well established legal princi- 
ples. The school law provides that at the meeting of the electors of 
the sub district on the first Monday in March, " a chairman and secre- 
tary shall be appointed, who shall act as judges of the election, and 
give a certificate of election to the sub-director elect.'''' It is a well 
settled rule that where the law requires the evidence of a transaction 
to be in writing, oral evidence cannot be substituted for it, when the 
writing can be produced; and this rule applies alike to the transactions 
of public bodies, officers, and individuals This question was discussed 
at some length in the case of Sipple v. District Township of Lester. 
Some of the references made are: 1 Greenleaf 's Ev., sec. 86; People v. 
Zeyst^ 23 N. Y., 142; 2 Pick., 397; and Starkie on Ev. part iv, p. 995, 
vol. III. 3d Am. Ed. 

There can be no doubt that the law contemplates that the certificate 
of the officers of the annual sub-district meeting, shall be the legal 
passport to a seat in the board of directors; and that, as a general rule, 
a board of directors is justified in declining to recognize a person as a 
member of the board until such certificate is produced. If the certifi- 
cate has been given and lost, the accident may be remedied by other 
testimony. If it has been illegally withheld, the officer may be coerced 
by 'mandamus to furnish it. If it has been fraudulently given, the 
law still provides a remedy. 

Nor can the public interests sufier by this construction of the law; 
for if there is no election, or if there is a failure to qualify, the statute 
provides that the former incumbent in the office of director shall hold 
over for another year. 

By the light of the previous principles, it is evident that when, under 
the circumstances, the county superintendent proceeded to investigate 
the rights of the plaintiff as a school director, he exceeded his jurisdic- 
tion; and that his decision must therefore be overruled. The law re- 
quires that the plaintiff, Miner, shall seek his remedy in the courts. 

D. FRANKLIN WELLS, 
Superintendent of Public Instruction. 

July 29, 1868. 



SCHOOL LAW DECISIONS. y^ 



Chiles Moorman v. District Township of Belmont. 

Chilbs Moorman v. District Township of Belmont. 
Appeal from Warren County. 

1. School-House : Removal of. A vote of the electors of a sub-district to 
remove a school-house, will not compel the board to act affirmatively in re- 
lation thereto. 

2. Jurisdiction. An application for an appeal filed within thirty days 
from the act of the board complained of will not give the county superintend- 
ent jurisdiction of the case. The appeal mnst be takea by affidavit. 

This appeal was taken to the couoty superintendent, to secure the 
removal of the school-house in sub-district number Eight, of this dis- 
trict township. 

At the annual sub-district meeting in March, 1868, the electors 
voted by a large majority that the removal should be made. At the 
semi-annual meeting of the board of directors held March 16, 1868, a 
motion to remove the school-house in accordance with the vote of the 
sub-district was lost; and from this action of the board the plaintiff, 
by affidavit filed with the county superintendent, May 9, 1868, took an 
appeal. Previous to this, that is on the 28th of March, the plaintiff 
had filed with the county superintendent an "application for an ap- 
peal." The county superintendent assumed jurisdiction of the case 
and after a full hearing reversed the decision of the board and ordered 
the removal of the house. To this decision appellant takes exception. 

Todhunter & Williams for appellant. 
H. McNeil for appellee. 

The power to locate the site for a school-house is vested in the board 
of directors, and the power to "fix the site" carries with it the power 
to relocate the site, Yance v. District Township of Wilton, 23 Iowa, 
408. Hence the vote of the sub-district electors must be considered 
as advisory rather than mandatory. 

Exception was taken to the action of the county superintendent on the 
ground that the appeal was not taken within the thirty days required 
by law, and the record shows that nearly two months had elapsed be- 
fore the filing of the afiidavit, which by law is made the basis of ap- 
peal. It has been decided in previous cases that the right of appeal 
can be enjoyed only within thirty days of the rendition of the decis- 
ion complained of; and that the appeal can be instituted only by filing 
an affidavit with the superintendent. Curry v. District Township of 
Franklin; Tunison and Roy v. District Township of Wilton; 
Noble et al. v. Independent District of Marshall. Following the 
line of these decisions we are compelled to hold that the county super- 
intendent had no proper jurisdiction of this case, and that his action 
thereon is void. 



90 SCHOOL LAW DECISIONS. 



Hiram Hall v. District Township of Massillon. 

If it is suggested that an " application for an appeal " was made 
before the expiration of thirty days from the board's decision, it must 
be replied that the law recognizes no such step in the proceedings. 
The law distinctly provides that the basis of appeal shall be " an affi- 
davit, filed by the party aggrieved with the county superintendent 
within the time allowed for taking the appeal." The application for 
an appeal is all very well, provided the alEdavit itself is tiled within the 
time allowed by law; but the filing of the " application for an appeal " 
is an entirely superfluous and unnecessary proceeding. On this point 
see the note to section 124, School Laws. 

As the case was not properly before the county superintendent, we 
are compelled to set aside his decision, and leave the removal of the 
school-house to the discretion of the board of directors. 

K-EVERSBD. 

D. FRANKLIN WELLS, 

Superintendent of Public Instruction. 
Sept. 11, 1868. 



HiKAM Hall et al. v. District Township of Massillon. 
Appeal from Cedar County. 

1. Notice. The want of notice is waived by the voluntary appearance of 
the party for any purpose connected with the cause. 

2. Sub-Districts. The practice of cutting district townships into numerous 
sub-districts of small size, is detrimental to the educational progress of the 
state, and will not be sustained on appeal. 

A petition was presented to the board of directors of said district 
township at the regular meeting in March, 1868, praying for the erec- 
tion of a new sub-district.- Said petition was laid over for consideration 
at the regular meeting in September. At the latter meeting, two peti- 
tions in opposition were presented. A vote was had upon the proposi- 
tion, which resulted adversely to the formation of the new sub-district 
— one vc te being cast in favor of, and five votes being cast against the 
same. From this action of the board, Hiram Hall and others appeal to 
the county superintendent, who, on the 21st day of October, 1868, 
made an order forming the said sub-district in accordance with the 
prayer of the petition, and the board appeal. 

J. C. Logan for appellant. 

E. Brink for appellees. 

There was a motion for a continuance made on the hearing before 



SCHOOL LAW DECISIONS. gi 



Hiram Hall v. District Township of Massillon. 

the county superintendent, based upon an alleged want of notice, which 
motion was overruled, and the parties proceeded to trial. The over- 
ruling of this motion is one of the errors assigned on this appeal. 

The want of notice, if there was any, was waived by the voluntary 
appearance of the party makiDgthe motion, and as the opposite party 
proposed to admit everything expected to be proven, in case of a con- 
tinuance being granted, no injustice resulted, and therefore this error 
is not sustained. 

The decision of the county superintendent will be reversed, however, 
on other grounds. 

The proposed new sub-district embraces but two and one-half sec- 
tions of land, inhabited by fifteen families, having in all but twenty- 
seven persons between the ages of five and twenty-one years; not 
enough to maintain a good school. 

The practice of cutting district townships into numerous sub-districts 
of small size, is detrimental to the educational progress of the state. 
It increases the number of schools, and correspondingly reduces the 
number of pupils in each school, by reason of which, teachers of a 
lower grade must be employed, poorer school-houses built, or the ex- 
pense of carrying on the schools greatly increased. Experience has 
demonstrated that it is better to have fewer sub-districts with better 
school-houses, and teachers of a high standard of qualifications, than 
to have more and smaller sub-districts, poor houses, small schools, and 
teachers of low grade. 

It is impossible in country districts to place a school-house in every 
man's door-yard — so to speak. Some must of necessity, be more re- 
mote from schools than others. From the plat submitted in this case, 
it appears the farthest any scholars residing within the limits of the 
proposed sub-district have to go to reach the school-houses now in use, 
is about one and one-half miles, and this is less than the average dis- 
tance the children of most sub-districts in the state have to travel in 
going to and returning from school. See further the case of Gordon 
V. District Township of Brown^ and Markley v. District Township 
of Ludlow. 

Reversed. 
LEWIS I. COULTER, 
Acting Superintendent of Public Instruction. 

January 27, 1869. 



92 SCHOOL LAW DECISIONS. 



L. F. Mullin v. District Township of Perry. 



L. F. Mullin v. Disteict Township op Perry. 

Appeal from Marion County. 

Contested Election. The right to hold and exercise the office of sub- 
director, in case of contest, must be determined by the district courl, under 
an information in the nature of a quo warranto. 

In December, 1868, the county superintendent of Marion county, 
under the provisions of section 25, School Laws, erected or established 
a new sub-district from parts of Red Rock and Perry townships in said 
county, and attached the same to the latter as pai-t of sub-district num- 
ber Three thereof. On the first Saturday in March the electors of this 
new sub-district held their first annual meeting, at which one L. F. 
Mullen was elected sub-director, received the proper certificate of elec- 
tion, and- in due time qualified as required by law. At the regular 
meeting of the board of directors, Mullin appeared, presented his cer- 
tificate of election and claimed his right to a seat as a member of the 
board. This claim was rejected and to have his right determined, he 
appealed to the county superintendent, who reversed the action of the 
board and declared Mullin to be entitled to exercise the functions of 
sub-director of said sub-district. 

From this decision, W. II. Carter, a member of the board, takes an 
appeal, 

Withrow (& Wright for appellant. 

Stone, Ayres c& Curtis for appellee. 

No efibrt was made to disturb the order of the county superintend- 
ent forming the new sub-district, by appeal within the time prescribed 
by law, but the legality of said order is now for the first time attacked 
in this collateral proceeding. 

Appellant insists that in determining the right of Mullin to a seat 
in the board, the county superintendent should have based that right 
upon the regularity and validity of the proceedings organizing the sub- 
district from which Mullin claimed to have been elected. This propo- 
sition is denied by the appellee, who claims, that the opposite party 
having failed to appeal from such order and proceedings within thirty 
days, the sub-district must be considered as a legal verity, and that the 
only inquiry necessary to a proper determination of the right to a seat 
in the board, is, as to the regularity of the election and qualification 
of the person claiming the right. 

This appeal was taken for the purpose of delermining the right to 
an office, and this can only be done by a proceeding in the natxire of a 
writ quo warranto, or by an information as provided by chapter 151, 
of the Revision of 1860. Desmond v. McCarthy, 17 Iowa, 527; 



SCHOOL LAW DECISIONS. 



93 



Alfred Harris v. District Township of Lee. 



Blachwell on Tax Titles, 117; OcJcerman v. Warnoch and Worth, 
School Law Decisions. The county superintendent could not lawfully 
exercise any control over the subject matter of this case, and he would 
therefore be incompetent to consider and determine as to the regularity 
of the proceedings had by him in the formation of the sub-district, in 
order to settle the controversy between Mullen and the board of 
directors. 

The appeal should have been dismissed for want of jurisdiction. 

Reversed. 
A. S. KISSELL, 
Superintendent of Public Instruction. 
August 12, 1869. 



Alfred Harris v. District Township of Lee. 

Ajyj^eal from Polk County. 

School-House Site: Should be on a public road, and so located as to be 
convenient and accessible. 

On May 4, 1869, the board of directors reversed its former action 
and located the school-house at the " Hoffman site." From this last 
order Alfred Harris takes an appeal to the county superintendent. On 
June 5, the case was heard before the county superintendent, by whom 
the action of the board was reversed and the house located at what is 
known as the " EUyson site. From this decision Thos. Hoffman and 
E. F. Dicks appealed to the state superintendent. 

M. D. McHenry for appellants. 

Wm, Phillips for appellee. 

The counsel for appellants claims that the county superintendent has 
no jurisdiction in the location of school-houses, except to reverse the 
decision of the board when it is evident that it acted with passion, 
prejudice or manifest injustice. In support of this view he refers to 
School Law Decision: Edwards et al. v. District Township of West 
Point. 

The weight of the testimony goes to show that during the larger 
part of the school year the Hoffman location is inaccessible because 
of snow and mud in the lane, which is the only road approaching the 
school-house from the west, and that most of the school children must 
pass over this road to get to school. It is further shown that there is 
11 



94 SCHOOL LAW DECISIONS. 



Jacob Neal v. Independent District of Washington. 



but one road passing to the Hoffman site from the west and one from 
the north, and that both of these roads are private ways. From this 
evidence, manifest injustice is done to most of the school attending 
population of the sub-district, and the county superintendent's decision 
in favor of locating the house at the " EUyson site " is therefore 

Affirmed. 
A. S. KISSELL, 
Superintendent of Public Instruction. 
September 23, 1869. 



Jacob Neal v. Distkict Township of Washingtoi?. 

Appeal from, Appanoose County. 

Independent District: Cannot be formed from a portion of an incorpora- 
ted town which contains less than three hundred inhabitants. 

The incorporated town of Moulton is one mile square, while the 
surveyed plat is but one-half mile square. On the 24th day of April, 
1869, a petition was presented to the board of directors of the district 
township of Washington, asking that said town of Moulton be organ- 
ized as an independent school district. The board established as the 
boundaries of the proposed independent district, the limits of the sur- 
veyed plat. From this action an appeal was taken to the county super- 
intendent, who reversed the order of the board and made the said in- 
dependent district to include all the territory within the limits of the 
incorporation. From this decision John L. Hughes appeals. 

The evidence shows that at the time the petition was presented 1o 
the board, there was not the requisite number of inhabitants living on 
the surveyed plat of the town, but that there were three hundred and 
ten inhabitants within the corporate limits. 

The merits of the case are with the decision of the county superin- 
tendent, which is hereby Affirmed. 

A. S. KISSELL, 
Superintendent of Public Instruction. 

October 5, 1869. 



SCHOOL LAW DECISIONS. 95 



N. R. Hook V. Independent District of Fremont. 



N. R. Hook v. Independent District of Fkemont. 

Appeal from Mahaska County. 

Residence: Is not acquired by temporary removal to a place for the pur- 
pose of attending school. 

Lacey & Shepherd for appellant. 
X. M. lliller for appellee. 

At a meeting of the board of directors of the independent district of 
Fremont, held on the 27th day of February, 1870, an order was made 
expelling one George Check from the school in said district. From 
this order of the board Dr. N. R. Hook, with whom the boy. Check, 
was at the time living, appealed to the county superintendent, who 
affirmed the order of the board, and Hook again appealed. 

The ground upon which the boy was dismissed from school, was 
that he was not a bona fide resident of the independent district of 
Fremont, and this is, as I think, fully sustained by the circumstances 
of the case as shown by the weight of evidence as adduced before the 
county superintendent. The apparent primary purpose of George 
Check in going to live with Dr. Hook, was that he might attend the 
school at Fremont, and after the term of school should expire, his fur- 
ther continuance at Hook's would be uncertain. He did not go there 
with the intention of remaining, but the intention to return to his 
father's house seems to have been manifested in the contract or agree- 
ment made with Hook. 

Counsel for appellant argue that the law should not be technically 
construed, but that it should receive a liberal construction, and in this 
he is correct. It should receive such a construction as that all the 
youth of the state, without regard to race or condition in life, can, with 
equal facility, participate in the benefits of our free schools. There is 
evidence that the schools in Fremont are so crowded' that many of the 
youth of the district are unable to gain admission, and the law gives to 
them the prior claim. The board should see that the children of the 
district are first accommodated, and then, if not detrimental to the in- 
terests of the school, they may admit, in their discretion, those from 
outside districts upon such terms as they may agree. 

Believing that the county superintendent properly sustained the 
board of directors, his decision is hereby 

Affirmed. 
A. S. KISSELL, 
Superintendent of Public Instruction. 

May 1, 1870. 



96 SCHOOL LAW DECISIONS. 

Daniel Forker et al v. District Township of Riclimond. 

Z. W. Remington v. District Township of Boomer. 
Appeal from Pottawattamie County. 

1. Jurisdiction. The county superintendent has not jurisdiction of cases 
involving a money demand. 

2. School Oedbes : When improperly issued by the board of directors, 
the proper remedy is an injunction from the civil courts. 

The case presented by the record is this: On the 12th day of October, 
the board of directors of Boomer district township met in special 
session and made a settlement with one L. S. Axtell, who was the 
contractor for the erection of certain school-houses in said district 
township. From the action of the board, Z. W. Remington appealed 
to the .county superintendent. The superintendent dismissed the 
appeal upon the ground that the settlement with Axtell was for a money 
demand, and therefore involved a question over which he could exercise 
no jurisdiction. Remington again appeals. 

If there was anything wrong in the action of the board issuing 
orders in favor of Axtell for the payment of his claim for building the 
the school-houses that would render them invalid, plaintiff's remedy, 
if any, would have been by injunction to restrain the payment of such 
orders, or by some other proper action in the civil courts, and not by 
appeal to the county superintendent, as the latter tribunal is not clothed 
by the statute with authority to inquire into or determine the validity 
of school orders. The county superintendent, therefore, very properly 
decided to dismiss the appeal and his order in the case is hereby 

Affirmed. 
A. S. KISSELL, 
Superintendent of Public Instruction. 

May 17, 1870. 



Daniel Forker et al., v. District Township of Richmond. 

Appeal from Tama County. 

School-House Tax. When by successive apportionments, the rate of 
scliool-house tax throughout the sub-districts of the townsliip t as been ren- 
dered uniform, a uniform rate should be maintained. 

This is a case in whix5h the board of directors of aforesaid township 
apportioned a school-house tax, unequally, among the sub-districts of 



SCHOOL LAW DECISIONS. 97 



Aaron Pryne v. District Township of York. 

the district township, from which order the appellees appealed to the 
county superintendent, who reverses the board's order, and the latter 
then appeals to this tribunal. 

/Stivers & Safely for appellant. 

Struhle & Bradshaw for appellees. 

The evidence in the transcript shows that the school-house and 
contingent fund taxes were unequally and irregularly levied, previous 
to the levy of 1869, but for the latter year the board apportioned the 
school-bouse tax equally among the different sub-districts in the dis- 
trict, according to section 16 and note (f). School Laws, 1868. 

The county superintendent claims, for this and other valid and 
equitable reasons, that the board ought to have apportioned the school- 
house tax for 1870, in accordance with the precedent which they 
established in 1869; and we can seenogoodreason, inequity or justice, 
why his decision ought to be reversed. 

Affirmed. 
A. S. KISSELL, 
Superintendent of Public Instruction. 
August 1, 18*70. 



Aaron Prtne v. District TowisrsHip of York. 

Appeal from Tama County. 

Sub-District : Composed of parts of two townships. Upon the written appli- 
cation of two-thirds of the electors residing upon the territory within the 
township in which the school-house is not situated, boards of directors must 
divide the sub-district. 

Preceding 1858, a school district was erected from territory located 
in York township, Tama county, and Kane township, Benton county. 
Subsequently, this district formed a sub-district, with its school house 
located in York township, in aforenamed county, according to section 
38, School Laws, 1868. At a ioint meeting of the boards of the dis- 
trict townships of Kane and York, March 26, 1870, two-thirds or more 
of the electors residing on the territory located in Kane township, and 
attached to York township for school purposes, petitioned the boards 
to concur in setting back such territory to the township of Kane. The 
board of the latter district granted the request of the petitioners, but 
that of the district township of York refused. From the order of the 



98 SCHOOL LAW DECISIONS. 



Richard Huskins v. District Township of Fremont. 

latter, Aaron Pryne appeals to the county superintendent who reverses 
the board's decision. L. P. Winterstein then appeals to this tribunal. 

No appearance for appellant or appellee. 

The case is purely one of law, as suggested by the county superin- 
tendent. The transcript clearly shows that the petitioners had complied 
with section 38, School Laws, 1868. Hicks el al. v. District Town- 
ships of Pleasant and Mantua. The county superintendent's de- 
cision is therefore 

ArriEMED. 
A. S. KISSELL, 
Superintendent of Public Instruction, 
October 7, 1870. 



RiCHAED Huskins v. District Township of Fkemont. 

Appeal from Johnson County. 

SuD-DisTRTCT Boundaries. It requires an aiBrmative vote of a majority of 
all the members of the board to eflfect a change in sub-district boundaries. 

The board of directors of the district township of Fremont, John- 
son county, Iowa, passed an order erecting a new sub-district, to be 
called number Eight, from parts of numbers Three and Six of said dis- 
trict township. From this order Richard Huskins et al. appealed to 
the county superintendent, who entertained a hearing of the case upon 
its merits, and after visiting the territory, rendered a decision affirih- 
ing the action of the board. From this decision said Richard Huskins 
takes an appeal to this tribunal. 

Richard JSusMns for appellant. 

J, D. Templin <& Son for appellees. 

From the transcript it appears that in course of the trial before the 
county superintendent, the fact was developed that, of the six members 
constituting the board of directors, but four were present at the special 
meeting called for the purpose of changing the district boundaries, -and 
that of these four, only three voted for the order erecting the new sub- 
district. 

During the trial, a motion was made to dismiss the case on the 
ground of alleged illegality of the action of the board, as not in com- 
pliance with the provision of section 31, of the School Laws of Iowa. 
Said motion was overruled by the county superintendent, on the 



SCHOOL LAW DECISIONS. 99 



W. D. Peck et al v. District Township of Polk. 

assumption that said section, when properly interpreted, requires sim- 
ply an affirmative vote of a legally constituted quorum of the board at 
a meeting lawfully called, for the purpose of changing the boundaries 
of a district, and not an affirmative vote of a majority of the whole 
board. The whole case turns upon the decision of this point. 

In the case of Duprcty v. District Township of Franklin^ School 
Journal^ April, 1870, a decision was rendered by the superintendent 
of public instruction, in accordance with such an interpretation of sec- 
tion 31 as makes it require an affirmative vote of the majority of all 
the tnevibers of the board to effect a change in district boundaries. 
See also note {h) to section 24 School Laws of Iowa. The testimony 
shows that the resolution ordering the erection of a new sub-district 
did not receive the legal number of votes required to secure its adoption, 
and the decision of the county superintendent is therefore 

Revbeskd. 
A. S. KISSELL, 
Superintendent of Public Instruction. 

November 21, 1870. 



W. D. Peck et al. v. District Township of Polk. 
Appeal from Jefferson County. 

1. SuB-l>iSTEicTs: Should be, if possible, compact and regular in form ; and 
in well populated district townships, two miles square is considered a desira- 
ble area for each sub-district. 

2. School-House Site. It is important that a school-house site be located 
on a public road, and as nearly as practicable at the center of the district. 

It appears from the transcript in this case that the board of directors 
of Polk township, Jefferson county, on the presentation of a petition 
from the majority of the inhabitants of sub-district number Eight, 
of said district township, issued an order attaching a strip on the 
north-east from sub-district number Seven to number Eight, reloca- 
ting the school-house site, and arranging for the removal of the school- 
house from the present site to said new location. From this action of 
the board an appeal was taken to the county superintendent, who sus- 
tained the action of the board , and from his decision an appeal is 
taken to this tribunal. 

McCoid and Herron for appellants. 

M. B. Sparhs for appellees. 

The trial before the county superintendent developed that the board 
of directors of Polk township have in contemplation the re-districting 



100 SCHOOL LAW DECISIONS. 



Geo. Redler et al. v. District Township of Jefferson. 

of the entire township into sub-districtK two miles square, and that the 
order providing for the change of boundaries in sub-district number 
Eight, is the initiatory step in that direction. The sub-district in ques- 
tion, previous to their order, had very irregular boundaries; and, except 
that the district is too large for convenience without further change in 
the boundaries, there Vv^ould seem to be every reason for attaching the 
strip from number Seven. That being attached, the change of location 
and the removal of the school-house to a site occupying the geograph- 
ical center of the sub-district with its changed boundaries, must follow 
of course. Besides this, there seems to be the additional good reason 
for a change of location for the school-house site; the present site is 
not on a public road — the one in prospect is, and as all the territory is 
in a condition to be easily and rapidly settled, the new site will, with 
the additional change in contemplation, be the exact geographical cen- 
ter of the sub-district. 

The action of the board in this case is manifestly of a discretionary 
character, and I can see nothing in the testimony that would induce 
the belief that they have in any way exceeded their prerogative, or 
abused their discretion. The decision of the county superintendent is, 
therefore, ' 

Affirmed. 
A. S. KISSELL, 
Superintendent of Public Instruction. 

February 4, 1871. 



Geo. Redlek et al. v. Distbict Township of Jbfpbeson. 

Appeal from Dubiiqtte County. 

SuB-DiSTEicTS. The division of a large and populous district township into 
but four sub-dietricts, is not such division, as justice and the interests of the 
people require. 

The facts are these: At a special meeting of the board of directors 
held January 19, 1871, a petition from certain citizens of sub-district 
number Three, in the district township of Jefferson, Dubuque county, 
was presented praying for a change of boundaries of sub-districts num- 
bers Three and Four, and the formation thereby of a new sub-district 
to comprise sections twenty-two, twenty-seven, and thirty-four, in the 
township aforesaid. The board refused to grant said petition, and from 
this action, George Redler et al., appealed to the county superintendent, 
who reversed said action, and in compliance with the request of peti- 
tioners erected a new sub-district, from portions of numbers Three and 
Four, as before named. From this proceedingRichard Alderson, in 
behalf of the board appeals to the superintendent of public instruction. 



SCHOOL LAW DECISIONS. JQI 



A. A. Prinyer v. District Townsliip of Hardin. 

The testimony of a full transcript goes to show that there is urgent 
necessity for some such re-districting as the petitioners seek. Section 
24, School Laws of Iowa, makes it imperative on boards of directors 
to divide the townships into sub-districts, such as justice and equity 
and the interests of the people require, and when it appears in evidence 
that the largest and most populous townshij) in the county of Dubuque, 
with a school population of 642 children, has but four sub-districts, 
and very inadequate school accommodations, some of the children 
having over four miles to go to get to school, and some of them cut 
off entirely from school privileges, it is impossible to resist the infer- 
ence that the board in refusing to erect a new sub-district in the 
territory aforesaid, have not fully considered the duty imposed upon 
them in the above statutory provision. Moreover, it appears from the 
plat of the territory furnished to this office, that the configuration of 
land is such, that the way to school for certain portions of inhabitants 
of number Four, both to their own school-house, and to that of number 
Three, is largely obstructed by streams, and bluffs, making it especially 
urgent that a new sub-district be erected between the sub-districts, as 
requested, by petitioners. These are deemed, sufficient reasons for 
reversing the actions of the board, and sustaining the order of the 
county superintendent, in erecting the sub-district as aforesaid. 

Affirmed. 
A. S. KISSELL, 
Superijitendent of Public Instruction. 

May 3, 1871. 



A. A. Pkintee v. District Township of Haedik. 

Appeal from Greene County. 

1. Evidence; Oral: Not admissible when written is obtainable. 

2. ScHOOL-HoDSE Site: Should be in center of sub-district when practi- 
cable. 

3. ; Locaiion of: A Discretionary act and should be sustained on 

appeal unless manifestly unjust. 

The board of directors of the district township of Hardin, Greene 
county, on the 20th day of March, 1871, voted to remove the school- 
house to the center of the original sub-district number Two, from 
which action A. A. Prinyer successively appeals to the county super- 
intendent and superintendent of public instruction. 

M. C. Rippey for appellant. 

JacJcson & Potter for appellees. 
12 



102 SCHOOL LAW DECISIONS. 



A. A. Prinyer v. District Township of Hardiu. 



In the record of the proceedings of the board as certified in the sec- 
retary's transcript, it is stated " that it was voted that the school-house 
in sub-district number Two be moved to the center of the original dis- 
trict." An attempt is made in the trial before the county superintend- 
ent by affiant's counsel to make an issue on the legal boundaries of sub- 
district number Two and settle the meaning of the expression " orig- 
inal district" in the record of the action of the board. But in the 
absence of other than parol evidence which cannot be admitted, in a 
case where a written instrument is required by the immediate author- 
ity of the law, we are obliged to infer that the intent of this action of 
the board is to remove the school-house to the center of sub-district 
number Two. The school-house is thus placed in the geographical 
center of a sub-district consisting of four sections of land, all parts of 
which are equally capable of being settled; and although the majority 
of the school going children at present reside west of the proposed 
site, it is clear from the testimony that the few residing east would be 
at greater inconvenience as to distance at least in getting to the school- 
house on the old site than the many will be getting to the point to 
which the school-house is ordered to be removed. The obstructions 
are such as can easily be remedied for children now or hereafter resi- 
ding in any part of the district. In fixing a site the board is required 
to consider the convenience of the people of each portion of the sub- 
district, but as some inconvenience will always be experienced, it is 
sufficient that no part of the territory be subject to greater inconven- 
ience than its corresponding part in the same sub-district. Hence the 
necessity, unless prevented by controlling circumstances, of fixing the 
site in the geographical center of the sub-district. See the case of 
Norton v. District Township of Cresco. It should be remembered 
that acts of this kind are of a discretionary character on the part of 
the board of directors, and will not be interfered with unless it is fully 
apparent that such action transcended the authority of the law, or was 
done under the influence of passion or prejudice or with manifest in- 
justice to the inhabitants of a sub district. The testimony which is 
full in this case does not in my judgment convict the board of an abuse 
of discretion. The decision of the county superintendent, sustaining 
the action of the board, is therefore Affirmed. 

A. S. KISSELL, 
Superintendent of Public Instruction, • 

July 10, 1871. 



SCHOOL LAW DECISIONS. \Q^ 



Geo. Wallz v. District Township of New Albany. 



Geo. Waltz v. Disteict Township op New Albany. 

Appeal from Story County. 

1. Motion. A motion to dismiss the case should not be granted on the 
ground that the affidavit was not filed with the county superintendent in per- 
son ; that the affidavit could not be produced at trial, or that the notice is 
insufficient or irregular. 

2. Notice. The appearance of a party at the hearing is a complete waiver 
of notice. 

On the eighteenth day of September, 1871, the board of dh-ectors of 
the district township of New Albany, Story county, refused to grant 
the petition of Geo. Waltz and others, praying that the territory of said 
township be re-districted. From this refusal Geo. Waltz appealed to 
the county superintendent, who, on the day of trial, November 9, 1871, 
on motion of defendant, dismissed the appeal for the following reasons, 
to wit : 

"1. That the deputy superintendent acted in said appeal case instead 
of the county superintendent. 

2. That there was no affidavit filed with the county superintendent. 

3. By the testimony of one J. E. Gage, it appears that an affidavit 
was filed in the office of the county superintendent, but Geo. Waltz 
could not supply the affidavit on oath." 

From this decision Geo. Waltz appeals to the superintendent of public 
instruction. 

From the testimony it appears: 

1. That Waltz filed an affidavit of appeal in the office of the county 
superintendent with J. R, Gage, who was acting as assistant under 
specific directions from the superintendent in his absence. 

2. That said Gage marked the affidavit filed, and issued the usual 
notice to the secretary of the district board of said township. 

3. At the trial before the county superintendent, the affidavit of said 
Waltz was called for but could not be found. 

It does not appear that the affiant, Geo. Waltz, failed to comply with 
the requirements of the law in regard to appeals; and since the affidavit 
was placed in the hands of a responsible person having charge of the 
office of county superintendent, the affiant will not lose his cause 
through absence or neglect of said superintendent. 

The appellee having made an appearance before the county superin- 
tendent, a motion to dismiss on account of insufficiency or irregularity 
of the notice should not be granted. The note on section 2840 of the 
Revision of 1860 says: "If the defendant is there by reason of the 
notice, it has served its office." " If that has brought him to court, he 



104 SCHOOL LAW DECISIONS. 



Benjamin Whicker v. District Township of Cliariton. 

can make no objection to it." We can scarcely expect a county super- 
intendent to be more rigid in his ruling than courts of law. 

The note to section 64 of the School Laws of Iowa says: "In case 
of temporary absence from the county, or of sickness, the superin- 
tendent may authorize another person to discharge specific duties." In 
the case Smith v. District Township of Maquoketa, the following 
language is used: " The object of this system of appeals is to promote 
uniformity in the operation of school laws and the attainment of sub- 
stantial justice, and this object should not be defeated by technical 
objections." 

The same reasoning applies to the affidavit which could not be pro- 
duced at the time of the trial. Its loss did not prejudice the interests 
of either party; it had already performed its office, and it is to be pre- 
sumed perfect and regular, in the absence of proof to the contrary. 

The brief testimony taken on the points above named indicates that 
the rights of the affiant were not duly considered in the action of the 
county superintendent dismissing the case; and, the parties being 
present, the examination of the case should have proceeded upon its 
merits. The decision of the county superintendent is therefore re- 
versed, and the case remanded for a rehearing. 

Keversei). 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

January 12, 1872. 



Benjamin Whicker v. District Township of Chariton. 

Appeal from Appanoose County. 

SuB-DisTEicTS. When it becomes necessary to reduce a sub-district in 
extent, the township should be re-districted, unless sub-distriots can be 
formed by division, of compact shape, and sufficiently large to sustain good 
schools. 

On the 18th of September, 1871, the board of directors of the dis- 
trict township of Chariton, Appanoose county, refused to grant the 
petition of Benjamin Whicker and others, asking the division of sub- 
district number Four, into two sub-districts. 

On the 11th of October said Whicker appealed to the county super- 
intendent, who after hearing the testimony, reversed the decision of 
the board, and created a new sub-district in accordance with the prayer 
of the petitioners. 

Fi-om this decision Wm. McDaniel and Wm. Fleener, appealed No- 
vember 27, 1871, to the superintendent of public instruction. 

The sub-district in question, contains six and three-fourths sections 



SCHOOL LAW DECISIONS. 105 



Benjaraia Whicker v. District Township of Chariton. 

of land, and is in the form of an L, being the portion of a tract three 
miles square, less a piece one and one-half miles squai-e, taken out of 
the south-west corner. The petition asked that a new sub-district be 
formed by cutting fi-om the south-east corner, a tract of land two miles 
in length and one and one-half miles in width, leaving the old sub- 
district three miles long and from one to one and one-half miles wide. 

The subdivision seems to have been asked for, principally for two 
reasons. 

1. That there were enough persons between the ages of 5 and 21 
years in the territory for two schools, viz:— seventy-five. 

2; That a few of them were required to travel too great a distance 
to enjoy school privileges. It is doubtful if the first of these positions 
was fully sustained; according to the last biennial report from this of- 
fice, less than seventy-five per cent, of those of school age attend the 
common schools at all in the state, while the average attendance is but 
forty-five per cent. This would give an average of thirty-four, and an 
entire probable attendance of but fifty-six in this sub-district. 

It does not appear from the transcript that the school-house is not 
large enough to accommodate the pupils of the sub-district. A wide 
diversity of opinion exists as to what should be the area of sub-districts 
in thinly populated townships; but it is conceded that they should not 
contain less than four sections of land, unless for good reasons. For- 
mer decisions from this ofiice have uniformly discouraged the dividing 
of territory into small sub-districts. In the case of Markley v. Dis- 
trict TovDnship of Ludlow^ this language is used: "As a general 
rule, it is better to have large sub-districts with good school-houses 
well furnished, than to have small sub-districts and poorly furnished 
school-houses. This view is entertained, not only by the prominent 
educators of Iowa, but by those of other states. The danger is that 
we may continue to divide and subdivide, until the sub-districts become 
so numerous that the school buildings will be of an inferior character, 
and the schools taught in them practically worthless. The common 
school reform in other states has been characterized by the consolida- 
tion rather than the division of districts. Iowa should avoid the 
necessity for consolidation by keeping the sub-districts of a good, life- 
sustaining size. As the number of sub-districts is increased beyond 
a certain limit, the size of the schools will naturally be diminished; 
and when the schools are small there is a very common feeling that 
the teachers must be cheap, hence the instruction is poor." 

While the evidence from the transcript does not clearly prove the 
necessity for another school, neither does it show a decided wish on 
the part of the inhabitants for a division. It seems that there were 
twenty names on the original petition asking for the subdivision, and 
that seven of these afterwards, with nineteen others, signed a remon- 
strance against such action. The county superintendent seems to have 
acted in good faith, and to have done what he thought was best, but it 
is doubttul if he had such authority. His first and main question 
should have been, " Have the board of directors abused their discretion, 
or acted through passion or pi-ejudice?" Decisions have been given 
so often from this ofiice that the discretionary power of boards of 



;jQ(5 SCHOOL LAW DECISIONS. 



Benjamin Archer v. District Township of Warren. 

directors will not be interfered with unless it is fully apparent that 
such power has been abused, Edwards v. District Township of West 
Point, that we will not now enter into its discusssion. 

Much as we desire to sustain county superintendents in appeals, it 
cannot be done if they exceed their authority, or reverse the action of 
boards of directors without clear and cogent reasons. 

Even if we admit that it would be better to divide the territory 
w^hich is virtually about five miles long and one mile and a half wide 
into two sub-districts as proposed, there would still be a question 
whether this arrangement would continue long to give satisfaction. A 
sub-district three miles long by one to one and one-half wide is not of 
convenient shape. But this is not the only alternative. That the time 
will shortly arrive when the sub-district under consideration should be 
reduced in extent is doubtless true; but in such reduction the entire 
township will probably be re-districted, making each sub-district of a 
more compact form, and thus furnishing better educational facilities 
for all pupils residing within its limits. 

In our opinion the evidence does not sustain the county superin- 
tendent in the formation of a new sub-district contrary to the decision 
of the board of directors, and his decision is therefore 

Kevbrsed. 
ALONZO ABERNETHY, 
Superirhtendent of Public Instruction. 

March 4, 1872. 



Benjamin Archer v. District Township of Warren, 

Appeal from Bremer County. 

1. Sub-Districts. Four sections of land is considered the minimum area 
that a sub-district should contain. 

2. Jurisdiction. A meeting of the board which is an adjourned one from 
the regular meeting in b^eptember, may change sub-district boundaries if the 
proposition to make such change was presented at the regular meeting. 

On the 2nd day of October, 1871, at a meeting of the district town- 
ship board of Warren, Bremer county, held pursuant to an adjournment 
from the regular meeting in September, a petition by Benjamin Archer 
and others, was presented, asking that the territory now embraced in 
sub-districts One, Two, and Three, be formed into four equal sub- 
districts; which petition was refused by the board of directors. 

On the 25th day of November, 1871, the county superintendent on 
appeal reversed the action of the board and created the sub-districts 



SCHOOL LAW DECISIONS. IQ^ 



Benjamin Archer v. District Township of Warren. 

One, Two, Three, and Four, in accordance with the prayer of the peti- 
tioners. From this decision the district township of Warren, through 
its president D. A. Bush, takes an appeal to the superintendent of 
public instruction. 

It appears from the transcript in this case, that the west one-third of 
Warren township, being a tract six miles long and two wide, was 
divided by the board of directors two or three years since into three 
sub-districts, each two miles square, and numbered One, Two, and 
Three. In sub-districts numbers Two and Three, the geographical cen- 
ters are at the intersection of two roads. In number One, the roads in- 
tersect at a point eighty rods south of the center. 

There appear to be no considerable natural obstacles in the territory 
in question, and school-houses located at the centers of the sub-districts 
can all be reached by well traveled roads. 

The decision of the county superintendent is, that the territory be 
divided into four sub-districts, each one and one-half by two miles in 
' extent. In this case only one of the four school-houses, if located at 
the geopraphical centers of sub-districts, would be on a cross road. 

It is evident that as we diminish the area of the district, we lessen 
the average distance of the pupils from the school-house and improve 
the school facilities so far as distance alone is concerned. This will 
strictly hold true, however, only as the form of the district remains 
a square and roads are favorable for reaching the school-house. 

It is evident that school-houses should, when practicable, be located 
at or near the center of sub-districts, at the intersection of roads; and 
that the most desirable form of a sub-district is that of a square. 
Where roads coincide generally with section lines, these conditions 
cannot be complied with if sub-districts contain less than four sections 
of land. 

The area of sub-districts should depend somewhat upon the density 
of the population; in thinly populated districts they should be of greater 
extent than in well settled localities. The desire of the patrons to be 
located conveniently near to school-houses, serves to correct any ten- 
dency to embrace too great an extent of territory. 

" The danger is that we may continue to divide and subdivide until 
the sub-districts become so numerous that the school buildings will be 
of an inferior character, and the schools taught in them practically 
worthless." Markley v. District Township of Ludlow; hence the 
necessity of establishing a limit beyond which we should not go in 
reducing sub-districts in extent, unless for peculiar and cogent reasons. 
What that limit should be is a matter depending upon the circumstances 
of the case, and should be determined by the exercise of sound judg- 
ment and discretion. 

When pupils become too numerous to be instructed by one teacher, 
and to be accommodated by the existing school buildings, much greater 
efficiency will be secured by adding thereto or erecting more commo- 
dious buildings, securing the assistance of an additional teacher or 
teachers, as circumstances require, and grading the school, than by 
reducing in area a sub-district which now contains but four sections of 
land. 



108 



SCHOOL LAW DECISIONS. 



Benjamin Archer v. District Townsliip of Warren. 



A consideration which should have weight with an appellate tribunal 
is as follows: " It is a general principle of law that the exercise of 
discretionary power will not be interfered with unless it is fully appa- 
rent that such power has been abused. * * «• jjj changing 
sub-district boundaries and locating school-houses, the law gives the 
board of directors original jurisdiction ; and as it is discretionary power, 
the action of the board should be affirmed on appeal, unless it is fully 
apparent from the evidence that the board violated law or abused its 
discretion. If there is a reasonable doubt, the board is entitled to its 
benefit. The action of the board may not be wholly approved by the 
county superintendent, but if it be not illegal or clearly unjust, it 
should be sustained.'''' Edwards v. District Township of West 
Point. 

Another important question connected with this case is, had the 
board authority to grant the prayer of the petitioners to change sub- 
district boundaries at a meeting held October 2, which was convened 
pursuant to an adjournment of the regular meeting in September? If 
it had not, the county superintendent, being in this case an appellate 
tribunal, had no greater authority in the matter than the board, hence 
could not change sub-district boundaries. It is conceded that the board 
could perform any act at such meeting which could have been done at 
the previous regular meeting, provided the matter was presented to the 
official notice of the board at the original meeting. 

Section 24 of the School Laws provides that sub-district boundaries 
shall be changed at the " regular meeting in September, or at any 
special meeting called thereafter for that purposed The intent of 
the law, as we understand it, being that if changes are to be made at 
any other time than at the regular meeting in September, the members 
shall have notice, and due time for considering any proposed changes. 

It appears from the evidence in this case that no such presentation 
was made at the previous meeting, hence we believe that the county 
superintendent had no authority to change sub-district boundaries on 
this appeal. 

For the several reasons stated we cannot sustain the action of the 
county superintendent, and his decision is therefore 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

March 15, 1872. 



SCHOOL LAW DECISIONS. IO9 

Hiram Dayton v. District Township of Cedar. 

H1RA.M: Daytoit v. District Township of Cedar. 

Appeal from Washington County. 

Appeal. Where changes are effected in district boundaries by the concur- 
rent action of two boards, appeal may be taken from the order of the jpoard 
concurring or refusing to concur, but not from the order of the board taking 
action first. 

On the 18th day of September, 1871, the board of directors of the 
district township of Cedar, "Washington county, passed a resolution to 
attach a portion of sub-district number Three to sub-district number 
Ten, in the same township. 

On the 14th day of October, Hiram Dayton appealed from the action 
of the board to the county superintendent, who, on the 12th day of 
December, 1871, on motion of appellee, dismissed the case for want of 
jurisdiction. 

From this decision an appeal is taken to the superintendent of pub- 
lic instruction. 

From the transcript it appears that the sub-district number Three, 
concerning which the appeal is taken, is one of those school districts 
formed prior to March, 1858, and for which special provision was 
made when our present district township system was adopted. It con- 
sists of about three sections of land in Cedar township and nearly the 
same amount in Seventy-Six township, with its school-house in Cedar, 
and hence all under the control of the district township of Cedar for 
school purposes. 

Section 89, School Laws, provides that "the boundaries of such sub- 
district shall not be changed, except with the concurrence of the boards 
of directors of the townships interested." 

The board resolved that the west half of sections eighteen, nineteen, 
and thirty, lyiog in sub-district number Three, be attached to sub- 
district number Ten for school purposes. 

The appellant in his affidavit alleges among other errors committed 
by^the board, that they erred in attempting to attach this tract to num- 
ber Ten, for the reason that said act was in effect dividing the sub- 
district without the concurrence of the board of directors of Seventy-Six 
township, and therefore illegal. 

The attorneys for appellee file a demurrer to the affidavit " because 
the said affidavit shows that the concurrent action of the two boards is 
necessary to divide said sub-district," that this resolution being only 
the initiative act, does not divide the district, and is without force till 
concurred in by the other board, that no appeal can be had from an 
incomplete action, and that the appellant had as yet suffered no griev- 
ance, and had no ground of appeal. 

The county superintendent sustained the demurrer and dismissed the 
case for want of jurisdiction. 
13 



110 



SCHOOL LAW DECISIONS. 



Hiram Dayton v. District Township of Cedar. 



This case involves an interesting question, and one, we believe, not 
hitherto determined by this department, viz : In those changes of 
boundaries requiring the concurrent action of two boards, from which 
action, if any, will an appeal lie? 

In a somewhat analogous case, Dobbins and Briggs v. District 
Toionship of 8alen%, a petition was presented to a board of directors 
to change the boundaries between a district township and an independ- 
ent district, the petition was refused; an appeal was taken to the 
county superintendent, who not only reversed their action, but decided 
to do more than the one board could have done, and ordered the 
changes to be made. 

This decision, we think, was very properly reversed; for the reason 
that the county superintendent could not do on appeal what was clearly 
beyond the power of the board, from which the appeal was taken, the 
concui'rence'of another board being necessary to complete the action. 
Another question, however, wholly distinct from this, is, has a county 
superintendent any jurisdiction in such a case? Can he properly affirm 
or reverse the decision of a board that initiates a movement which is 
completed or not at the option of another board? After careful con- 
sidei-ation we are forced to the conclusion that he cannot. That an 
appeal will not lie from an order of a board of directors making a 
change in district township boundaries, where the concurrence of an- 
other board is necessary to make the change. Otherwise a county 
superintendent may have to entertain and decide upon two appeals in 
one and the same case. ' This, in our opinion, would lead to confusion 
and unnecessary litigation. The law provides that " any person ag- 
grieved by any decision or order of the district board of directors, in 
matter of law, or fact, may appeal therefrom to the county superin- 
tendent." But if the order or decision is simply the initiative move- 
ment, though the action is not void, it remains inoperative, and without 
force, until concurred in, and does not of itself constitute a cause of 
grievance. In our opinion, equal and full justice will be secured in 
all such cases, if the appeal is taken only from the action of the board 
concurring or refusing to concur with the former action of another 
board interested. From this we believe an appeal should lie. 

In the case before us, if the board of directors, as alleged in the 
affidavit, seek to do an illegal act, or refuse to perform any duty im- 
, posed by law, they can be restrained by injunction, or compelled to do 
their duty by a resort to the civil courts. 

It is therefore held that the cotinty superintendent properly dismissed 
the case for want of jurisdiction, and his decision is therefore 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

March 22, 1872. 



SCHOOL LAW DECISIONS. 211 

Nels Jacobson v. District Township of Lafayette. 

Nels Jacobson v. District Township of Lafayette. 

Appeal from Story County. 

Bub-District : Erection of from adjoining district toiunships. The county 
superintendent will be sustained on appeal in erecting territory into a sub- 
district in an adjoining district township, under the provisions of section 25, 
iSchool Laws, if such territory is attached to the adjoining district township 
by reason of natural obstacles. 

From the record in this case it appears that there is about a section 
of land lying in the south-west corner of Howard township, Story- 
county, containing from twenty-five to thirty persons of school age, cut 
oiF from the rest of the township by Skunk river. 

At a meeting of the board of directors of Howard township, held on 
the 24th day of September, 1870, it was resolved "that this territory 
embracing the south-west one-fourth and the west one-half of the north- 
west one-fourth of section thirty; also the south-west one-fourth of the 
north-east one-fourth, the west one half of the south-east one-fourth, 
and the west one-half of section thirty-one, Howard township, be 
attached to Lafayette township for school purposes." 

At a meeting of the board of directors of Lafayette township, held 
October 15, 1870, it was resolved "that the land attached to Lafayette 
from Howard township be supplied with a school for a term of three 
months this yeai\" Nels Jacobson, the appellant, being appointed sub- 
director. It does not appear that the territory was erected into a sub- 
district until the case was appealed to the county superintendent. 

September 18th, the petition of Nels Jacobson and others was pre- 
sented to the board of Lafayette township, asking that the said territory 
be erected into a sub-district, which petition was refused by the board 
on the ground that the territory was not legally attached to Lafayette 
township for school purposes. From this refusal Nels Jacobson ap- 
pealed to the county superintendent, who, on the 6th day of January, 
1872, reversed the action of the board, and erected the territory with 
other of Lafayette township, into a sub-district. 

From this decision the district township, through its president, ap- 
peals to the superintendent of public instruction. 

In this case, the county superintendent has done on appeal only what 
he had a right to do originally. The board of Howard township hav- 
ing passed a resolution taking the initiative step in such transfer of 
territory, the county superintendent, if he believed that " natural obsta- 
cles" required such action, should have erected the territory into a sub- 
district, and transmitted his order to the secretary of each district, and 
the transfer would have been complete. 

As to the advisability of attaching this strip of land, which is about 
one-half a mile wide, by two in length, there can be but little doubt. 
It need not finally increase the number of sub-districts in Lafayette 



1 1 2 SCHOOL LAW DECISIONS. 



Eufus Cheney v. District Township of Pleasant Valley. 

township. It might be well to increase the size of this sub-district by 
the addition of territory on the west, unless the existence of unbridged 
streams makes such action impracticable. The board of directors are 
at liberty to make such changes in the boundaries established by the 
decision of the county superintendent in this case as the interests of 
the schools of their township require, if in so doing they provide school 
facilities for the residents of the territory in question. 

We are fully satisfied from an examination of the evidence, and the 
plats and maps of that and the surrounding territory, that the action 
of the county superintendent should be sustained; his decision is 
therefore 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

April 15, 18Y2. 



RuFtrs Cheney v. District Township of Pleasant Valley. 

Appeal from Scott County. 

School-House Site. The power to fix, carries with it the power to change 
the site of a school-house by the district board. 

On the 20th day of March, 1871, Philip Earhart and others petitioned 
the board of directors of the district township of Pleasant Valley, 
Scott county, to change the location of the school-house in sub-district 
number Two, of said township. The petition was ordered to be placed 
on file. 

May 1, 1871, a remonstrance was received and placed on file. The 
consideration of the petition was deferred from time to time until the 
16th of December, 1871, and then rejected. Rufus Cheney appealed 
to the county superintendent, who on the 26th of January, 1872, 
reversed the action of the board and established a site in accordance 
with the prayer of said petition, from which decision Geo. J. Hyde 
appeals to the superintendent of public instruction. 

The above case presents strong points on either side. The appellants 
ask that the decision of the county superintendent be reversed for the 
following, among other reasons: 

1. That he exceeded his authority in locating the school-house site. 
That the board had no authority to remove the school-house until funds 
had been voted for that purpose by the electors; neither had the county 
superintendent. That they could not procure a new site until the old 
one was disposed of. 



SCHOOL LAW DECISIONS, J ] 3 



Rufus Chen«y v. District Township of Pleasant Valley. 

2. That the old site is at the intersection of two good and well 
traveled roads; that the new one selected is on a narrow, unfrequented 
road. 

3. That the sub-district is already in debt for the repairs recently 
made on their school-house, and should not incur an additional indebt- 
edness now for its removal. 

4. That appellees should have made their application for the relo- 
cation before the house was repaired; that having neglected'that favor- 
able opportunity they are now estopped. 

6. That a majority of the residents of the sub-district are opposed 
to the removal. 

There seems to have been a question formerly whether the authority 
under the school law to remove school-houses from one location to 
another belonged to the electors or to the board of directors. 

It was decided in the case. Trance v. District Toionship of Wil- 
ton^ 23 Iowa, 408 that " the power to fix, carries with it the power to 
change the site of a school-house by the district board," and for some 
time previous to this decision the same view was held by this depart- 
ment. The board clearly have jurisdiction in fixing and changing 
sites, and removing school-houses, and their action in this matter is not 
dependent on any previous action of the electors. 

It appears from the evidence that the new site is on a public road, 
on high, rolling ground, and accessible from all parts of the sub dis- 
trict, and that the site originally selected for the sub-district in ques- 
tion approximated closely to the one established by the county super- 
intendent, and that subsequently territory from an adjoining township 
was annexed to the sub-district, the site being moved three-fourths of a 
mile to the north and east to accommodate the residents of the territory 
thus annexed. The said territory was afterwards detached and the 
original boundaries of the sub-district restored; since which action the 
inhabitants of the southern and western portions have felt and ex- 
pressed a desire for the removal of the school-house to a more central 
location. The feeling, that it should and would ultimately be removed 
has been so strongly and generally expressed throughout the district 
that for years the necessary repairs were neglected. 

It further appears that a large indebtedness to adjoining townships 
has been incurred by the district township of Pleasant Valley for the 
tuition of those pupils residing in the southern and western portions of 
the sub-flistrict. 

If Pleasant Valley is incurring a large annual expense for the in- 
struction of portions of its population in adjoining townships, and its 
own school is thereby reduced very considerably in numbers, in effi- 
ciency, and in interest as certified by the county superintendent, and 
if, as he says, by the removal of the school-house to the new site "this 
expense would be avoided, the school would be much larger and more 
efficient, and the expense of maintaining it no greater than at present," 
it might be only true economy to incur even the maximum expendi- 
ture named to remove the house to the new site. The expense of 
moving school-houses is usually defrayed from the contingent fund, 



114 SCHOOL LAW DECISIONS. 



W. W. Harvey v. District Township of Stapleton. 

and in this case there need be no indebtedness and but a very small 
tax for that purpose. 

The important question, however, it seems to us is, does equity re- 
quire that the school-house be at the old or new site? — do the perma- 
nent and best interests of the sub-district require its removal? — will 
the convenience of each portion of the whole sub-district be best sub 
served thereby? If so, the decision of the county superintendent was 
right. 

It appears to us from all the facts presented that the board erred in 
rejecting the petition, and that the action of the county superintendent 
reversing their decision should be sustained. His decision is thereforQ 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

May 13, 1872. 



W. W. Harvey v. District Township of Stapleton. 
Appeal From Chickasaw County. 

1. Affidavit: May be amended in the discretion of the county superin- 
tendent. * 

2. SuB-DisTEiCT. When a sub-district composed of four sections of land 
has built its own school-house, it should not be consolidated with another as 
a temporary expedient to avoid the expense of maintaining a school. 

The formation of small or irregularly shaped sub-districts 



should be avoided 

Upon the petition of William Fox and others, the board of directors 
of the district township of Stapleton, Chickasaw county, on the 6th 
day of February, 1872, changed the boundaries of sub-districts, whereby 
numbers Six and Seven were consolidated. 

Appeal was taken from this action by W. W. Harvey, to the county 
superintendent, who on the 25th day of March, 1872 reversed their 
action. The board, through their president, Michael Burns, appeal to 
the superintendent of public instruction. 

The irregularity of the notice to the members of the board will not 
invalidate their action. It is held that the superintendent did not err 
in permitting the affidavit to be amended. Smith v. District Town- 
ship of Maquoheta. 

The evidence adduced at the trial before the county superintendent 



SCHOOL LAW DECISIONS. n^ 



W. W. Harvey v. District Township of Stapleton. 

aids but little in determining whether the action of the board or that 
of the county supei'intendent will best promote the interests of the 
district. 

The board seem to have decided that the school in sub-district num- 
ber Six might for the pi'esent be discontinued and proceeded to incor- 
porate that district with nuruber Seven, but it appears to have been 
only a temporary expedient, for the purpose of avoiding the expense of 
an additional school. If one school would suffice for the two sub-dis- 
tricts,the board might, doubtless, have obtained the consent of the county 
superintendent to discontinue the school in number Six, and permit 
those of its pupils who reside fai'thest from the school-house in number 
Seven, to attend school in the adjoining sub-districts. It is greatly to be 
regretted that townships are often divided into small sub-districts be- 
fore such action is demanded by the best interests of the residents. The 
efficiency of the schools would be increased and the expense dimin- 
ished if boards of directors in new and thinly populated townships 
would avoid the formation of small sub-districts. 

But when a sub-district has been formed containing four sections, 
and a good school-house has been built in the center, especially if built 
as in this case by the sub-district itself, boards should act with ex- 
treme deliberation, in making such changes as will require the removal 
of school-houses. 

The district formed by the board February 6, 1872, consists of seven 
and one-half sections of land, and contains according to the plat, six- 
teen families. 

The area is not considered too great when so thinly populated, but 
the length of the sub-district as compared to its width and its irregular 
outline are very objectionable features, not only causing inconvenience 
to the residents of this sub-district, but also preventing the formation 
of sub-districts of compact form from territory immediately adjoining. 

The board of directors may at their next regular meeting in Septem- 
ber, re-district the township, or so much of it as may be necessary, 
making the sub-districts as compact and regular in shape as practicable, 
otherwise the decision of the county superintendent is 

Afffirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

July 25, 1872. 



IIQ SCHOOL LAW DECISIONS. 



E. Ransom et al. v. District Township of Washington. 



E. Ransom et al. v. District Township of Washington. 

Appeal from Appanoose County. , 

Residence. The word residence should be construed to mean dwellingr, or 
domicile, only, in determining the distance between said residence and the 
school-house site. 

On the twenty-seventh day of April, 1872, the board of directors of 
the district township of Washington, Appanoose county, relocated the 
school-house site in sub-district number Five, from which action E. 
Ransom et al. appealed to the county superintendent, who reversed the 
order of the board and restored the site to a former location, on the 
north-east corner of section sixteen. 

From this decision J. Richardson appeals to the superintendent of 
public instruction. 

It appears that for several years past, and up to the 18th of September, 
1871, the school-house in this sub-district occupied a site near the 
center, at the intersection of roads. At the September meeting it was, 
for some cause, relocated. Again in April, 1872, another site was 
selected a quarter of a mile west of the old one, and this seems to have 
been equally unsatisfactory. 

The trial before the county superintendent resulted in restoring the 
site to its original location, which is situated an equal distance from 
each of the four sides of the sub-district, on a beautiful, commanding 
elevation, at the intersection of two well traveled roads, and near the 
center of population. 

The board, in refusing to grant the prayer of the petitioners asking 
that it be relocated at this point, were apparently influenced by a doubt 
as to the legality of such action. A Mr. Hughes who resides near the 
place, objected, on the ground that it is within less than twenty rods of 
his residence. The facts are, as gathered from the transcript, that his 
house stands twenty-five rods, or more, from the site; but that his 
barns and barn lot, which he claims should be included in the tei'm 
residence as used in the law, are within less than twenty rods of the 
site. A barn may be used as a residence; there is no evidence that 
this one was so used. 

The word residence should be construed to mean simply dwelling; 
a man's residence is his domicile. See 1 Iowa, 36. 

Affirmed. . 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

Des Moines, September 27, 1872. 



SCHOOL LAW DECISIONS. 1|7 



W. p. Davis V. District Township of Madison. 



W. P. Davis v. District Towkship of Madisgi^ . 
Appeal from Fremont County. 

1. Contracts. Contracts for the erection of school-houses, made by a sub- 
director or committee, require the approval of the board. 

2. School Funds : Disbursement of. The treasurer is the proper custo- 
dian of all funds belonging to the district, and can legally pay them out only 
upon orders specifying the fund on which they are drawn and the specific 
use to which they are applied. The board cannot authorize the sub-director 
to use the public funds for any purpose. • 

3. Clmms. Just claims against the district can be enforced only in the 
courts of law. 

The electors of the district township of Madison, Fremont county, 
on the 11th day of March, 1871, voted a tax of two and one-half mills 
on the taxable property of the district township, for school-house pur- 
poses, and directed that three hundred dollars of the amount thus 
raised should be used for the erection of a school-house in sub-district 
number Nine. 

March 20, 18*71, W. P. Davis, sub-director of sub-district number 
Nine, was appointed a committee to build a school-house in said sub- 
district. The house having been completed, at a special meeting of 
the board held June 1, 1872, it was moved that the report of the com- 
mittee be received, and the school-house be accepted; also, that the 
secretary be instructed to draw an order on the treasurer for three 
hundred dollars, for sub-district number Nine. Both motions were 
lost, from which action the said W. P. Davis appealed to the county 
superintendent, who, on the 9th day of August, 1872, reversed the ac- 
tion of the board. 

The district township, through its president, W. H. Gandy, appeals 
to the superintendent of public instruction. 

The history of this case very fully illustrates the loose and irregular 
manner in which school officers too frequently transact official business. 
Section 15 of the School Laws provides that the board of directors 
" shall make all contracts, purchases, payments, and sales necessary to 
carry out any vote of the district, but before erecting any school-house 
they shall consult witJi the county superintendent as to the most ap- 
proved plan of such building." 

If the contract is made by a sub-director or committee of the board, 
it should in all cases be approved by the board before work is com- 
menced. 

A misapprehension often exists as to the manner in which school 
funds should be disbursed. The treasurer is the proper custodian of all 
funds belonging to the district township, and the law provides that he 
14 



IJ^g SCHOOL LAW DECISIONS. 



David Emerick v. District Township of Ingraham. 

" shall pay no order which does not specify the fund on which it is 
drawn, and the specific use to which it is applied," i. e. for work done, 
material furnished, or the like. 

The board are also required to " audit and allow all Just claims 
against the district, and no order shall de drawn on the district treasury 
until the claim for which it is drawn has been so audited and allowed." 
This rule applies equally where funds are voted by the district township 
for the purpose of building school-houses in particular sub districts, 
also where taxes have been raised on the property of sub districts in 
accordance with the proviso of section twenty-eight. 

Such funds, or so much of them as may be required to carry out the 
vote of the electors, should be devoted to the specific object for which 
they were voted, but the disbursement should in all cases be under the 
direction and authority of the board. 

'Boards have no authority to give sub-directors money to use in their 
sub-districts for building school-houses or any other purpose, nor sub- 
directors to use money so received. A sub-district is not a corporate 
body, and has no control of any public fund. 

If Davis has a just claim against the district township of Madison 
which the board of directors refuse to allow, or if the board refuse to 
apply the amount voted by the electors to the specific object for which 
it was designed, viz: the erection of a school-house in sub-district 
number Nine, the civil courts only can furnish a means of redress. 

Reversed. 

ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
Des Moines, October 30, 1872. 



David Emerick v. District Township or Ingraham. 

Appeal from Mills County. 

School-House Site : Located off a public road. On appeal, the county su- 
perintendent has authority to affirm the action of the board in locating a 
school-house site off a public road if a road has meanwhile been legally es- 
tablished past said site. 

On the third day of August, 18'72, the board of directors of Ingra- 
ham township. Mills county, relocated the school-house site in sub- 
district number Two. David Emerick appealed to the county superin- 
tendent, who on the sixteenth of September, 1872, afiirmed the decis- 
ion of the board, and David Emerick now appeals to the superintend- 
ent of public instruction. 



SCHOOL LAW DECISIONS. J 19 



David Emerick v. District Township of Ingraham. 

It appears that the sub-district in question is divided by Silver creek 
running in a southerly, direction, into two nearly equal parts, the geo- 
graphical center being on the west side of the stream; and that the 
only bridge in the sub-district is eighty rods north of the center. The 
site was located in disregard of the law requiring school-house sites to 
be selected on some public road; subsequent to its location, and prior 
to the hearing before the county superintendent, a public road was 
established past the site. 

There are but two questions involved in this case requiring special 
notice. First, the alleged illegality of the action of the board in se- 
lecting a site which was not on a public road. jSeco7id, the injustice 
of locating the site on the west side of the creek, when two-thirds of 
the children reside on the east side. 

The law of 1870. relating to the establishing of school-house sites, 
section 120, School Laws, 1872, provides that " all sites shall be se- 
lected on some public road." The action of the board in selecting a site 
in disregard of this provision, was not authorized by law, and illegal, 
and they might have been enjoined from paying for it or from erect- 
ing a school-house upon it; but an appeal having been taken to the 
county superintendent, and a road meanwhile established, in our opin- 
ion, he had authority to affirm their decision. Had he reversed the 
action of the board on the ground of illegality, it would have been his 
duty to relocate the site at the same place, if that were the 07ily objec- 
tion to the site; hence the conclusion that the establishment of a road 
along the northern boundary of the site, prior to his decision, removes 
the objection that it was not located on a public road. 

Section 16 provides that the board " shall fix the site of each school- 
house, taking into consideration the geographical position and con- 
venience of the people of each portion of the sub-district." It is evi- 
dent that if the school-house is located near the center of this sub-dis- 
trict, and the fourth of a mile south of the bridge, on either side of 
Silver creek, it must be inconvenient to a portion of those who reside 
on the opposite side. It would seem that a location eighty rods north 
of the geographical center, on the road which crosses the creek, would 
best accommodate the entire sub-district, but in the absence of testi- 
mony as to its suitableness, we can do no more than suggest an exami- 
nation of the locality. 

While about two-thirds of the children in the sub-district reside on 
the east side of the creek, the evidence does not show that the present 
location is inaccessible, or at an unreasonable distance from any of the 
inhabitants, nor that the location asked for by the appellant would be 
more convenient to the people of each portion of the sub-district. The 
evidence of injustice is not sufficient to warrant the reversal of the 
county superintendent's decision, which confirmed the action of the 
board. 

Apfiemed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

Des Moines, Dec. 31, 1872. 



] 20 SCHOOL LAW DECISIONS. 

E. B. Kirkendall etal. v. District Township ofVanBuren. 

E. B." KiEKSNDALL et al. V. District Township of Van Bueen. 

Appeal from Van Buren County. 

School-House: Power of the hoard to build. The law requiring that all 
school-house sites be selected on a public road, does not aifect the legality of 
sites located prior to its passage, nor the right of the board to rebuild 
thereon. 

The school-house in sub-district number Two is not situated on a 
public road. The board of directors, in erecting a new school-house, 
decided to place it on the old site. 

The case was appealed to the county superintendent, who reversed 
their action and ordered them to select a new site on some public road. 
The board met, took the subject into consideration, and again decided 
as before. 

On a second appeal, the county superintendent selected a site about 
a half mile from the old one, near the Des Moines River, which bounds 
the sub-district on the north. W. A. Fellows et al. appeal. 

The most prominent question involved in this case is that of the* 
legal right of a board to build a school-house on a site which lies off a 
public road. 

In the year 1870 a law relating to the selection of school-house sites 
was enacted, containing a provision as follows: "all sites shall be se- 
lected on some public road." Prior to this time there was no law on 
the subject, and school-houses had not always been located on public 
roads. The law above quoted does not affect the legality of sites loca- 
ted prior to its passage, nor can it affect the right of a board to rebuild 
thereon. The subsequent selection of such sites is prohibited, not the 
erection of houses on those already in possession of the district. 

This question disposed of, a careful examination of the testimony 
does not justify the conclusion that the board erred, nor that the site 
selected by th'e county superintendent will afford either better satisfac- 
tion or greater accommodation to the sub-district. The old site has 
been occupied for many years, is near the center of the sub-district, and 
midway between two public roads, which are one mile apart. A lane 
ten or twelve feet in width affords access, and it is doubtful if the pub- 
lic can be deprived of the means of reaching the school-house. 

Reveesbd. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

Des Moines, January 24, 1873. 



SCHOOL LAW DECISIONS. 



121 



Chas. Palmer v. District Township of Monroe. 



Chas. Palmer v. District Township of Monroe. 

Appeal from, Madison County. 

Board op Directoes: Duty of to provide schools. It is the duty of the board 
of directors to provide as far as practicable, reasonable school facilities for all 
the youth of the district by the formation of sub-districts, or otherwise. 
Children residinof two and a half miles or more from scbool are not afibrded 
reasonaole school facilities. 

Sub-District. The county superintendent is justified in establishing sub- 
districts, on appeal, from the refusal of the board, where warranted by the 
number and location of children and the amount of territory to be provided 
for. 

The board of directors refused, by a tie vote, to form a sub-district 
from sections 13, 14, 23, and 24, of their township. Charles Palmer 
appealed to the county superintendent, who established the sub-district, 
and the board, through their president, appeal to the superintendent of 
public instruction. 

Monroe township contains four sub-districts. Numbers Two and 
Three, are each three miles square; number One, two and one-half by 
three; and number Four, three by three and one-half; each having a 
school-house near the center. 

In the north-east corner of sub-district number Four a number of 
families reside, at a long distance from their own, or from any school- 
house. A number of children have to travel over three miles to attend 
school, others nearly two and three-fourths, and others two and one- 
half miles. These people have been trying for several years to secure 
a school to which they could send their children, and to this end have 
repeatedly petitioned the board to form another sub-district. It is not 
denied that a large number of children, some twenty-five or more, are 
at an inconvenient distance from school, and as many as seventeen are 
practically deprived of school privileges, residing, as they do, two and 
one-half miles and over from the school-house. To require small 
children to walk three miles, or two and one-half, or even two, to 
attend school, practically deprives them of school privileges. 

In new counties and sparsely settled districts it is often impracticable 
to form a sufficient number of sub-districts, or to provide adequate 
schools for the proper accommodation of all pupils, particularly the 
younger children ; but here, in an old and wealthy county, and in a 
township containing two hundred and fourteen children of school age, 
with school taxes apparently reduced to the minimum, there is no ex- 
cuse for a board of dii-ectoi's refusing to do what the law requires of 



1-22 SCHOOL LAW DECISIONS. 



Chas. Palmer v. District Townsliip of Monroe. 

them, viz : to provide reasonable school facilities for every portion of 
their township. It appears that for three or four years there have been 
upon the territory of this contemplated sub-district thirty-six children 
or over. What kind of school facilities can a sub-district of the ordi- 
nary size be considered as affording, with a school-house within eighty 
rods of one corner, and wholly beyond its bounds? Such are the 
present facilities of the thirty-six children in the sub-district in 
question, with a majority of them in the portion of the district farthest 
from the school-house. The highest duty of a board of directors under 
the law, is to provide, as far as practicable, school facilities for- all the 
youth of their district, and for failure to do this there is no excuse. 

There appears to be neither burdensome taxation, nor want of funds 
in this district; on the contrary, the school taxes must be light. The 
last annual report from the district shows no school house tax, and an 
entire district tax of about $628.21 received from the county treasury 
during the year, with nearly a third of that amount still in the district 
treasury. The attorneys for the appellant ask that the decision of the 
county superintendent, erecting this sub-district, be reversed for the 
following reasons: 

First, Because it does not fully appear in what situation as to facili- 
ties for education sub-districts One and Two will be left; what number 
of scholars will remain; what their convenience for attending school; 
or that the people will be able to maintain a school at all. The taking 
away a part of a sub-district does not, if the school-house remains, 
place any of those remaining farther from it than before. If the board 
decide to move school-houses or change boundaries so as to afford 
still better advantages, they have the authority. 

Sub-district number Four contained, according to the transcript, ten 
and one-half sections and sixty pupils. But three sections are taken 
from it; how many pupils is not stated; there are thirty-six in the new 
sub-district, one-fourth of whose territory is from number One; besides, 
the tax for carrying on the schools is uniform on the whole township, 
and cannot work a particular hardship to a sparsely settled sub-district. 
It is not the duty of the sub-district, but of the township, to maintain 
schools where needed. 

Second, The reversal is asked for because the average attendance in 
the old sub-districts has been so small there would not be enough 
scholars in either sub-district, if the new one is formed, to maintain 
good schools therein, and the old school-houses will have to be moved. 

The very small attendance heretofore, instead of being a reason 
against forming a new district, may be the best of reasons for its for- 
mation. If more than half the pupils of sub-district number Four have 
not heretofore been able usually to attend school, by reason of 
distance, until the average attendance of sixty pupils is reduced to 
nineteen, as in the last year, it argues a singular want of appreciation 
of school privileges, or a want of the privileges themselves. 

Thirds Because the same matter has once been before this depart- 
ment, and a like decision of the county superintendent reversed, and 
that without a showing of any change of tacts or circumstances, the 
former proceeding is a bar to this. 



SCHOOL LAW DECISIONS. 123 



Sylvester Gullet v. District Township of Hilton. 

This plea should have been made at the time of the trial before the 
county 8U}Derintendent, thus affording an opportunity of showing that 
material changes may have taken place since the rendition of the for- 
mer decision. 

Our records show that the same case, substantially, was before this 
department on appeal three years ago, and thea reversed, principally 
for the reason, as stated in this decision, that it would leave in sub- 
district number Four so few scholars that it will be impossible to main- 
tain a school. The transcript in that case shows that evidence was 
introduced to the effect that but eleven pupils would remain in that 
sub-district. Now, however, the case is entirely changed. The school 
population has increased from thirty-five or forty to sixty, the increase 
being, as it seems, mostly in the portion left. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of JPublic Instruction. 

Des Moines, March 8, 1873. 



Sylvester Gullet v. District Towxship of Hiltox. 
Appeal from Iowa County. 

Contracts. The terms of a contract may be changed by agreement of the 
contracting parties. If either party seeks to evade or change its terms, with- 
out the consent and to the prejudice of the other, the remedy is a suit at law. 

At a meeting of the board of directors held November 7, 1872, a 
resolution was adopted, fixing the rates to be paid to teachers upon 
contract made by the sub-dircctors for the winter term at thirty dollars 
per month for teachers holding first class certificates, and at twenty- 
eight dollars per month for teachers holding second class certificates. 
It appears that under this order several of the sub-directors entered into 
contracts with teachers. At a meeting of the board held December 28, 
1872, they rescinded their former action, and adopted an order making 
thirty dollars and thirty-five dollars the respective rates to be paid; from 
this order ajDpeal was taken to the county superintendent, who atfirmed 
the action of the boai'd, and Sylvester Gullet appeals to the superin- 
tendent of public instruction. 

There is no allegation of prejudice or fraud, nor does it appear from 
the transcript that the board were influenced by any improper motive ; 
the only questions presented are : 

First, Had the board authority to adopt a resolution changing the 
terms of contracts already made ? 



j^24 SCHOOL LAW DECISIONS. 



N. T. Bow en v. District Township of Lafayette. 

If SO, Second, Did they in fixing the rates adopted at the meeting 
last held, exceed their authority, abuse their discretionary power, or act 
with manifest injustice? 

As regards the first question, the board have, through the sub-director, 
exclusive jurisdiction in contracting with teachers, and determining the 
prices to be paid ; the original contracting parties have an undoubted 
right to change the terms of a contract, by mutual agreement. If 
either party seeks to evade or change its terms, without the consent, 
and to the prejudice of the other, the remedy is a suit at law. In fixing 
the rates to be paid at thirty dollars and thirty-five dollars, it is believed 
that the board in no manner exceeded their authority, abused their 
discretionary power, or acted with injustice. The decision of the 
county superintendent is therefore 

Affirmed. 
ALONZO ABERNETHY, 
StiperintGndent of Public Instruction. 

Des Moines, May 21, 1873. 



N. T. BowEN v. DisTKicT Township op Lafayette. 

Appeal from Bremer County. 

Jurisdiction. The county superintendent has not jurisdiction of cases in- 
volving the validity of district organizations or ttie legality of school elec- 
tions. 

A petition was presented to the board of directors of Lafayette 
township February 6, 1873, asking the board to submit the question of 
changing the district township organization to that of independent 
districts under the provisions of sections 109-114, School Laws, 1872. 

The board called a meeting of the electors by directing each sub- 
director to post three notices in his sub-district. The meeting was held 
February 20. The board met again, February 28, to canvass the vote 
of the 20th, and having decided that the vote was in favor of indepen- 
dent organizations, called meetings in each sub-district for the election 
of ofiicers, by again ordering each sub-director to post three notices in 
his sub-district. 

From the last order of the board, N". T. Bowen, James Adair and 
John Curtis appealed to the county superintendent, alleging. Firsts 
That the board had no authority to issue the order calling elections in 



SCHOOL LAW DECISIONS. 125 



N. T. Bowen v. District Township of Lafayette. 

._ t ' '. 

the several sub districts, for the reason that but two notices of the 
meeting for February 20, had been posted in sub-district number Five, 
one of which was posted but nine days ; and that but one notice 
had been posted in sub-district number Eight, whereas the law directs 
the posting of three notices in each sub-district ten days previous to 
the meeting. Section 110. ^Second, That the said order of Febru- 
ary 28, was illegal, in that it required the posting of but three notices 
in each sub-district for the election of officers, instead of five, as pro- 
vided by sections 111, 98 and 97. 

The county superintendent affirmed the action of the board, and 
Messrs. Bowen, Adair, and Curtis appeal to the superintendent of pub- 
lic instruction. 

The order from which the appeal was taken derives its importance 
from the fact that upon the authority of the board to make it, depends 
the legality of the vote ot February 20, the object of which, was to 
decide for or against independent organizations; the validity of the 
districts thus formed, and the right of the officers to be chosen therein, 
to exercise their official functions. If the failure to post the required 
notices in two of the sub-districts, as alleged by the appellants, was of 
sufficient importance to invalidate the first vote, which is the decisive 
step in the formation of the independent districts, they can have no 
legal existence. If, on the contrary, the irregularities of the first no- 
tices were not sufficient to invalidate the vote of February 20, while the 
alleged insufficiency of the notices required by the order of the 28th, 
did invalidate the election of officers, then the districts, though legally 
formed, are as yet without officers. To decide the first question, de- 
cides as to the validity of the independent districts. To decide the 
second question, decides the right of the officers of the several districts 
to exercise their official functions. Whatever might have been our 
views regarding the authority of the county superintendent to deter- 
mine the right to the office of director, in the absence of precedent, we 
do not now feel called upon to question the correctness of the prece- 
dents already established. In the cases Desmond v. McCarty^ 17 
Iowa, 525, and Cochran v. Mc Cleary, 22 Iowa, 75, it was held that 
the right or title to an office will be determined only by informa- 
tion in the nature of a writ quo warranto^ as provided in chapter 
151, Revision of 1860. In the case 3frs, Van liyming v. Kuntz and 
Swmnery, decided in the Polk county district court, at the February 
term, 1873, under the same process, viz: by an information, one di- 
rector was ousted and excluded from office, and another reinstated and 
declared to be legally entitled to the office. Since the rendition of the 
decision in the case of OcJcernian v. District Township of Hamil- 
ton, in which the opinion was expressed that, " Over the right of a party 
to exercise the functions of the office of sub-director, in any school dis- 
trict, the county superintendent has neither original nor appellate juris- 
diction;" all cases, brought before this department for the purpose of 
determining the title to office, have been dismissed. See also. Miner 
V. District Township of Cedar, and MicUin v. District Township 
of Perry. 

The opinions expressed in the foregoing cases, as to the manner of 
15 



126 



SCHOOL LAW DECISIONS. 



N. T. Bowen v. District Township of Lafayette. 



determining the right or title to an oifice, in our opinion, apply equally 
as to the manner of determining the validity or legality of a corpora- 
tion. The right of the officers of a corporation to exercise their offi- 
cial functions', depends immediately upon the validity of the corpora- 
tion. If the one cannot be tried in a collateral, or indirect proceeding, 
much less can the other. If, under the law of appeal, the county 
superintendent is not warranted in assuming jurisdiction of the first, 
still less of the second class of cases. 

Besides, chapter 151 of the Revision, provides the same method for 
inquiring into the validity of corporations, and the title to office*, and 
for ousting unauthorized corporations and officers, viz: by means of an 
information in the nature of quo warranto. See case of State v. 
Independent District of Carbondale^ 29 Iowa, 264, where it was 
held that the legality of a school district may be inquired into by this 
process, when the object of the proceeding is to annul the organization 
of the district. Again, the supreme court, in the case District Town. 
ship of Hesper v. Indejyendent District of Burr Oak, 34 Iowa, 
.S06, under a writ of injunction, restraining the collection of a school- 
house tax, declared the independent organization illegal and void, for 
non-compliance with the law in the election which determined the 
existence of the district. The case, there decided under a writ of in- 
junction, is identical with the main question in this case, viz: the irreg- 
ularity of the proceedings relative to the election, determining the 
question of independent district organization. 

While an opinion from us as to the first error alleged by the appel- 
lants, which should decide as to the validity of the independent district 
organizations under the vote of February 20, or as to the legality of the 
election provided for by the order of February 28, would in no wise 
definitely settle either of these questions^ a speedy and direct remedy 
is furnished under the operation of a writ of injunction, mandamus, or 
by an information in the nature of quo warranto. 

Were issues involved which were severable from these main ques- 
tions, and within our jurisdiction, we would not hesitate to consider 
them; but, iu our opinion, no questions of such nature are connected 
with the case. 

The decision of the county superintendent is reversed and the case 

Dismissed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

May 28, 18Y3. 



SCHOOL LAW DECISIONS. 127 



T. "W. Winters v. District Township of Clay, 



T. W. Wi^sTTEBs V. District Township op Clay. 

Appeal from Shelby County. 

School Orders. No case will be heard on appeal for the sole purpose of 
determining the validity of an order on the district treasury. 

The board consists of three members ; at a special meeting, at which 
but two members were present, a vacancy having occurred by the re- 
moval of one of the sub-directors, a claim for a stove, labor, etc., was 
presented by George Allen, one of the sub-directors present. Said 
claim being allowed, appeal was taken to the county superintendent, 
who dismissed the case. From this action Edward T. Fish and John 
Baird appeal to the superintendent of public instruction. 

It is claimed : First, That since one of the sub-directors present was 
interested in the claim referred to, he was thereby disqualified from 
acting thereon, and that the remaining member did not constitute a 
quorum. Second, That said claim was unjust. If any issue over 
which we have jurisdiction depended upon the answer to the first point, 
we would present our views upon the subject, but we cannot undertake 
the consideration of any question for the sole purpose of determining 
the validity of an order on the district treasury, or the equity of a claim, 
since such action would be equivalent to the rendition of a judgment 
for money, which the law expressly forbids. Section 130, School 
Laws, 1872. 

The courts of law alone can aflTord means of redress, if the interests 
of the district have suffered in this transaction, or its funds have been 
misapplied. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

May 28, 1873, 



128 SCHOOL LAW DECISIONS. 

J. D. Caldwell v. Stephen Peebles, County Superintendent. 

J. D. Caldwell v. Stephen Peebles, County Superintendent. 

Appeal from Mills County, 

1. Eevocation of Teacher's Certificate. A teacher's certificate can be 
legally revoked only upon proof of charges of which he has had personal 
notice, and against which he has had the opportunity to make his defense. 

2. . A person addicted to the use of intoxicating liquors 

who even occasionally becomes intoxicated is not likely to promote correct 
moral teaching in the public schools by his example, nor to possess buch 
moral character as to entitle him to a teacher's certificate. 

Complaint having been made to the county superintendent, that J. 
D. Caldwell, a teacher, was addicted to the use of intoxicating liquors, 
an examination of the charges was made May 10, 1873, as provided by 
law; the result of which was the revocation of Mr. Caldwell's* certifi- 
cate. Mr. Caldwell appeals to the superintendent of public instruction. 

We need not comment upon the testimony in the trial, tince the 
county superintendent admits that the specifications contained in the 
complaint* were not sustained. Facts, however, were developed inci- 
dentally, in the examination of witnesses, apart from the direct issues 
involved, to satisfy the county superintendent that the defendant does 
not possess a good moral character, and we are not sure but his conclu- 
sions are properly deducible from the evidence. 

The law, however, providing for the revocation of certificates, re- 
quires that it shall only be "after an investigation of facts in the case, 
of which investigation the teacher shall have personal notice and he 
shall be permitted to be present and make his defense." 

In this instance, certain charges were preferred in an information, of 
which the teacher had due notice, and, as it appears, successfully de- 
fended himself against the charges made, and there rested his case. 

It is, perhaps, doubtful if the superintendent has the authority to 
revoke a certificate upon evidence incidentally developed in the trial, 
however damaging in its nature, the substance of which was not con- 
tained in the original notice, and against which no defense was 
attempted. 

We fully agree with the superintendent that a person addicted to the 
use of intoxicating liquors, who even occasionally becomes intoxicated, 
and who is in the habit of visiting disreputable beer saloons, does not 
possess that degree of moral character to entitle him to a teacher's cer- 
tificate under our statute, we cannot too highly commend the efforts of 
county superintendents to promote correct moral teaching in the public 
schools through the example of the teacher. 

Disqualifications of this nature should be fully proved, and in the 
manner prescribed by law; and we reluctantly set aside this decision, 



SCHOOL LAW DECISIONS. 129 



W. J. Moody V. H. H. Burrington, County Superintendent. 

believing that the superintendent was actuated by worthy motives, and 
did the act solely with a view to promote the good of the schools, and 
in the conscientious discharge of a public duty. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Pichlic Instruction. 
May 31, 1873. 



W. J. Moody v. H. H. Bubringtok, County Supbrintendext. 
Appeal from Bremer County. 

1. Revocation op Teacher's Certificate. The county superintendent 
may refuse to entertain a petition for the revocation of a teacher's certificate. 

2. Appeal. An' appeal may be taken from the refusal of the county super- 
intendent to investigate charges brought against a teacher. 

A petition, containing charges against a teacher, was presented to H. 
H. Burrington, county superintendent, asking an investigation of the 
charges, and the revocation of her certificate. The county superin- 
tendent refused to make the investigation, as requested by the petition- 
ers; from this action W. J. Moody appeals to the superintendent of 
public instruction. 

The question, whether an appeal will lie from the refusal of the 
county superintendent to investigate charges brought against a teacher, 
has not been, to our knowledge, before determined. Since it is held 
that an appeal may be taken from an action of the board of directors 
refusing to perform a discretionary action, we see no reason why an 
appeal will not lie from an act of the county superintendent of like 
nature. 

In the case before us, statements, testifying to the moral character 
and good reputation of the teacher, are made by reliable and disinter- 
ested parties, who have been intimately acquainted with her for several 
years past; and it is believed that, in no instance, is the judgment and 
discretion of a local tribunal entitled to more consideration than in this 
case. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

July 10, 1873. 



J 30 SCHOOL LAW DECISIONS. 

J. W. Randall v. District Township of Vienna. 

J. W. Randall v. District Township of Vienna. 

Appeal from Marshall County. 

1. School-House: Removal of . The board of directors can legally remove 
a school-house from one sub-district to another only by vote of the electors. 

2. . When the electors have voted to remove a school-house 

from one sub-district to another the board must execute such vote, if in ac- 
cordance with law ; from their action in so doing no appeal can be taken. 

At the district township meeting held on the second Monday in 
March, 1873, it was voted to remove the school-house situated in sub 
district number Four, into sub-district number Three. On the seven- 
teenth day of March the board of directors ordered the removal of the 
school-house, in accordance with said vote of the electors. From this 
action appeal was taken to the county superintendent, who reversed 
the action of the board. The district township, through its president, 
appeals to the superintendent of public instruction. 

Section seven. Schools Laws 1872, provides that the electors shall 
have the power " to direct the sale, or other disposition to be made of 
any school-house," also, " to vote such tax, not exceeding ten mills on 
the dollar in any one year, on the taxable property of the district town- 
ship, as the meeting shall deem sufficient for the purchase of grounds 
and the construction of the necessary school-houses for the use of the 
respective sub-districts." 

Section fifteen provides that the board of directors " shall make all 
contracts, purchases, payments, and sales necessary to carry out any 
vote of the district." 

Section sixteen provides that the board " shall fix the site for each 
school-house." 

From the law as above quoted we understand that the uleetors may 
vote a tax for the erection of a school house in any particular sub-dis- 
trict, or may direct the removal of one already built, from a- sub-dis- 
trict; and that the board of directors determine the site within a sub- 
district, but have not authority to remove a school-house from a sub- 
district without affirmative action of the electors; such action, how- 
ever, being taken, the board must execute their vote, if in accordance 
with law. 

From the action of the board in thus executing the vote of the elect- 
ors, no appeal can be taken. If the vote of the electors is contrary to 
law, its execution may be prevented by injunction; if unwise, the elec- 
tors themselves must bear the consequences. 

E-EVBRSED. 

ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
July 11, 1873. 



SCHOOL LAW DECISIONS. i^i 



Geo. W. Clayton v. Independent District of Buchanac. 



Geo. W. Clattok v. Independent District of Buchanan. 

Appeal from Taylor County, 

1. Board of Directors. The board of directors cannot legally transact 
official business outside the limits of the district, nor would the action of a 
board at a meeting in which the members of another board participated be 
legal or valid. 

2. Motion. The county superintendent cannot entertain a motion for 
change of venue. 

The appeal was taken from an action of the board of directors, at- 
tempting to abandon the district under the provisions of section 105, 
School Laws, 1872. The county superintendent reversed the action of 
the board. Thos. Carson appeals to the superintendent of public 
instruction. 

The meeting at which the attempt to abandon the independent district 
of Buchanan was made was a joint meeting of the boai'd of the inde- 
pendent district and of the district township of Polk, and was held, 
as appears by the secretary's transcript, at McGuire's school-house, 
which is in the district township mentioned A board of directors can 
not legally transact business outside the limits of their district, nor 
would the action of a board at a meeting in which the members of 
another board participated, be legal or valid. 

At the trial before the county superintendent, a change of venue was 
asked, which was pi-operly refused, there being no statutory provisions 
permitting a county superintendent to grant such motion. It was also 
objected that petitions showing the sentiments of the residents of the 
independent district were presented to the county superintendent. Al- 
though the sentiments of the majority are by no means conclusive in 
determining such cases, if for any reason it is desirable to ascertain the 
popular feeling, petitions may be resorted to for this purpose. 

We are further satisfied that the interests of the district will not be 
subserved by abandoning its present organization. The law providing 
for the abandonment of independent districts was enacted for the ben- 
efit of those districts which have become so far depopulated that good 
schools can no longer be maintained, and whose school facilities will 
be improved by the incorporation of their territory with that of the 
district township. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

August 8, 1873. 



]^32 SCHOOL LAW DECISIONS. 

D. C. Cowles V. District Township of Eden. 

D. C. Cowles v. District Township of Eden, 

Appeal from Decatur County, 

1. Schools. The law contemplates that equal educational facilities shall, 
as far as practicable, be provided for all the youth of the district, and that 
any pupil shall have the opportunity to attend school for at least six months 
in each year. 

2. . The board may maintain schools in different localities in a 

sub-district for the accommodatiou of the pupils thereof, provided they are 
kept open for an equal length of time. 

The board of directors ordered that three months school be taught 
in the south part of sub district number Six, and that six months school 
be taught in the northern part of said sub-district. From this action 
.appeal was taken to the county superintendent, who sustained the action 
of the board. D. C. Cowles appeals to the superintendent of public 
instruction. 

The sub-district in question is three miles long, north and south, and 
two miles wide. The northern and southern parts being well, and 
about equally populated, while the central portion is comparatively 
unsettled. The school-house is located oBe-half mile north of the 
centre. The law contemplates that equal educational facilities shall, as 
nearly as practicable, be provided for all the youth of the district, and 
that every pupil shall have an opportunity to attend school for at least 
six months in each year. If the board of directors determine to main- 
tain two schools in this district, one in the northern and one in the 
southern part, they have authority to do so, providing both are main- 
tained for an equal length of time, and every pupil in the district has an 
opportunity of attending school for at least six months in each year. 

Thus modified, the action of the board and the decision of the county 
superintendent are 

Affirmed. 
ALONZO ABERNETHY, 
SupeHntendent of Public Instructioti, 

August 26, 187-3. 



SCHOOL LAW DECISIONS. I33 

James Buun v. District Township of Douglas. 

James Bunn v. District Township of Douglas. 
Appeal from Ida County. 

1. Contracts. The district township is bound by the contract of the sub- 
director when made according to instructions of the board. 

2. — .If a sub-director enter into a contract on behalf of the dis- 
trict, without authority of the board, he does so at his own risk ; such contract 
is not binding upon the district unless approved by the board. 

3. EuLKS AND Regulations. The power to prescribe rules and regulations 
for the government of the board, is not a function of the electors. A rule 
adopted by the board, and not a provision of law, may be modified at the 
option of the board. 

A contract for furnishing the school-houses in sub-districts numbers 
One and Two, with new seats, was approved by the board of directors; 
the county superintendent, upon appeal affirmed this action of the 
board, James Bunn appeals to the superintendent of public instruction. 

It is claimed by the appellant : 

1. That the contract was made without authority from the board; 

2. That new seats could not be legally purchased without a vote of 
the electors ; 

3. That by rule of the board, public notice should be given before 
making any contract, except with teachers. 

The district township is bound by the contract of the sub director 
when made and entered into according to the specific instructions and 
directions of the board. Thompson v. Linn, 35 Iowa, 361. 

If a sub-director enters into a contract on behalf of the district, 
without being authorized by the board, he does so al; his own risk; 
such contract is not binding upon the district unless approved by the 
board; being approved, however, the district becomes responsible for 
the performance of the contract on its part. Affirmative action of the 
electors is not required by law, before the board of directors can pro-, 
cure new seats for a school-house. Sec. 42, School Laws, 1872, note 
(a), also notes (a) and (6) to section 1848. 

It appears from the transcript, that the rule mentioned was adopted 
and prescribed by the district township meeting, and not by the board 
of directors; the. power to prescribe rules and regulations for the gov- 
ernment of the board of directors, except as specifically named in the 
law, is not a function of the electors when assembled at the district 
township meeting. Any rule adopted by the board, and not a pro- 
vision of law, may be modified or disregarded at the option of the 
board. Affirmed. 

ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

December 2, 1873. 
16 



134 SCHOOL LAW DECISIONS. 

P. C. Spooner v. District Township of Raglan. 

P. C. Spooner v. District Township of Raglan. 

Appeal from Harrison County. 

District Boundaries: Conform to civil. When civil township boundaries 
are changed, corresponding changes follow in the boundaries of the district 
townships affected thereby. No action of either board is necessary to affect 
such change. 

Appeal to the county superintendent was taken from the refusal of 
the board to grant a petition to transfer territory to Morgan township. 
The superintendent reversed the action of the board, and ordered the 
territory transferred. The district township appeals. 

It appears that prior to the meeting of Lhe board of supervisors of 
Harrison county, in September, 1871, the boundaries of the civil town- 
ship of Raglan, coincided with those of the congressional township 80, 
of range 44; at this meeting, the board of supervisors transferred sec- 
tions 7, 18, 19, 30 and 31, of Raglan, to Morgan township; subsequently 
the board of directors of the district township of Morgan, incorporated 
this territory with other sub-districts, notwithstanding which, the dis- 
trict township of Raglan has continued to certify taxes upon this terri- 
tory, to the board of supervisors, and to treat it in all respects as if it 
still constituted a portion of the district township of Raglan. On the 
15th day of September, 1873, a petition was presented to the board of 
directors of Raglan, asking that this territory be transferred to Mor- 
gan for school purposes; the petition was refused, and upon this action 
was based the appeal to the county superintendent. 

Section 1713 of the Code of Iowa, provides that, "Each civil town- 
ship now or hereafter organized, and each independent school district 
organized as such, prior to the taking effect of this Code, is hereby 
declared a school district for all the purposes of this chapter, subject 
to the provisions hereinafter made." 

The design of the law is that civil and district township boundaries 
shall coincide, and that when new civil townships are formed, or civil 
•township boundaries are changed, corresponding changes shall follow 
in the district townships affected thereby. Section 1715 pro\ides that, 
"When changes in civil township boundaries are made, or any district 
shall be divided into two or more entire townships for civil purposes, 
the existing board of directors shall continue to act for both, or all the 
new districts, or parts of districts, until the next regular district elec- 
tion thereafter, at which time the new district township shall organize 
by the election of directors. The respective boards of directors shall, 
immediately after such organization, make an equitable division of the 
then existing assets and liabilities between the old and new districts; 
and in case of a failure to agree, the matter may be decided by arbi- 
trators, chosen by the parties in interest." 

The sections above quoted are regarded as essentially equivalent to 
sections 1 and 4, chapter 172, laws of the ninth general assembly, which 



SCHOOL LAW DECISIONS. I35 



Andrew Jackson v. District Township of Powhatan. 

were in force at the time of the action of the board of supervisors 
transferring the territory in question. Hence, it appears that, since the 
sub-district election held in March, 1872, this territory legally consti- 
tuted a part of Morgan township. No action of either board was nec- 
essary to accomplish this result, nor could they have prevented it. 

The fact that the inhabitants have, until the present time, considered 
that this territory formed part of Raglan township, and that taxes have 
been levied and collected from the inhabitants thereof, for the benefit 
of Raglan township, in no way afiects nor invalidates the action of the 
board of supervisors in transferring this territory; nor is any action of 
the county superintendent, or the boards of directors interested, neces- 
sary under the existing circumstances. It is the duty of the board of 
directors of Morgan township to provide schools for this territory. If 
any attempt is made to collect taxes therefrom for the benefit of Rag- 
lan township, it may be restrained by injunction. 

The decision of the county superintendent is reversed, and the case 
dismissed. 

Rbversed. 
ALONZO ABERNETHY, 
Superintendt7%t of Public Instruction. 

March 16, 1874. 



AisTDEEVP- Jackson v. District Township op Powhatan. 

Appeal from Pocahontas County. 

1. Notice. If an appearance at the trial is made by reason of the notice it 
has served its office. 

2. Appeal. During the pendency of an appeal the board are estopped 
from farther action in the matter under complaint. 

Appeal was taken from the action of the board dividing the district 
township into sub-districts. The county superintendent reversed their 
action; John Eraser appeals. 

It is alleged by the appellant that the notice of the hearing before 
the county superintendent was defective. If an appearance at the trial 
was made by reason of such notice it served its oifice. Waltz v. Dis- 
trict Totonship of New Albany. 

Complaint is also made of the manner in which the transcript was 
obtained, and the trial conducted. It does not appear that all the re- 
quirements of the law were not complied with; that the certified tran- 
script was in any manner inaccurate, or that injustice was done to any 
party interested. A large majority of the inhabitants of the township 
appear to be dissatisfied with the action of the board. An examination 



136 SCHOOL LAW DECISIONS. 



D. K. Taylor v. Independent District of Eldon. 



of the plat and of the evidence shows that upon no hypothesis can the 
sub-district boundaries, as established by them, be considered for the 
best interests of the district township, nor as subserving the conven. 
ience of the inhabitants. 

While this appeal was pending before the county superintendent] 
the board attempted to change further the boundaries in question' 
After an appeal has been taken the board are estopped from, further ac- 
tion in the matter of which complaint is made. The decision of the 
county superintendent leaves the district township without subdivis- 
ions, which, under the existing circumstances, is undoubtedly best for 
the interests of the district, and for the convenience of the people, ena- 
bling them to elect a board which will represent and take into consid- 
eration the welfare of the district at large. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

April 30, 1874. 



D. K. Taylor v. Independent District op Eldon. 

Appeal from Wapello County. 

1. Appeal, /.ppeal may be taken from an action of the board which au- 
thorizes the making of a contract, but not from a subsequent action or order 
complying with the terms of a contract previously made ; nor from an action 
autlaorizing the issuance of an o^derin payment of a debt contracted by pre- 
vious action of the board. 

2. . A case whose sole purpose is to determine the validity of an 

order on the district treasury, or the equity of a claim, cannot be entertained 
on appeal to tlie county superintendent ; the courts of law, alone, can furnish 
an adequate remedy. 

From the transcript it appears that on the 3d day of December, 1873, 
the board passed an order authorizing the payment of five per cent, 
commission for negotiating the district bonds, and on the same day 
another order authorizing D. P. Stubbs to negotiate said bonds. 

On the 3d day of February, 1874, the board passed an order instruct- 
ing the president and secretary to draw an order for $90 on the district 
treasury in favor of said D. P. Stubbs, for services rendered in nego- 
tiating said bonds, in accordance with the previous action of the board 
on December 3, 1873. From the action of the board in issuing said 
order of $90, this appeal was taken. 

The county superintendent dismissed the case, on the ground that it 
was an action authorizing the payment of money, and a decision 



SCHOOL LAW DECISIONS. 137 



A. Beard et al. v. District Townsliip of Washington. 

thereon would be equivalent to rendering a judgment for money, which 
is prohibited by the provisions of section 1836, Code. D. K. Taylbr 
again appeals. 

Appeal may be taken from any action of the board which authorizes 
the making of a contract, but not from a subsequent action or order 
complying with the terms of a contract previously made; or from an 
action authorizing the issuance of an order in payment of a debt con- 
tracted by previous action of the board. 

The order appealed from in this case is not a new action of the board, 
but a necessary result of the order of December 3, 1873. If the first 
action was legal and proper, the last is both proper and necessary, the 
services having been performed. Any interested party might have 
appealed, at the proper time, from the action of December 3, authoriz- 
ing the payment of five per cent, coramission for negotiating bonds or 
authorizing the appointment of an agent therefor. But the time for an 
appeal, thirty days, having expired, appeal cannot now be taken from 
the subsequent action, which is simply carrying out their previous 
action, and the terms of the contract made thereunder. 

In the case of Winters et al. v. District Township of Clay^ it 
is held that, to determine the validity of an order on the district treas- 
ury, or the equity of a claim, is equivalent to the rendition of a judg- 
ment for money, and a case whose sole purpose is to determine this 
question cannot be entertained on appeal; that the courts of law alone 
can furnish an adequate remedy, if the law has been violated, or the 
interests of the district have suffered by the making of contracts or the 
issuing of orders for money on the treasury. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

May 5, 1874. 



A. Beard et al. v. District Township of Washington. 
Appeal from Ringgold County. 

1. SuB-DisTsiCT Boundaries. Sub-district boundaries can be changed only 
by affirmative vote of a majority of all the members of the board of 
directors. 

2. Appeal. Appeal will not be entertained from the action of the board 
in rescinding a previous illegal action. 

The board of directors of the above named district, consists of four 
members. On the 24 th day of January, 1874, three members of the 



138 SCHOOL LAW DECISIONS. 



E. Watson v. District Townsiiip of Exira. 

board met, pursuant to notice, for the purpose of forming a new sub- 
district to consist of sections 27, 28, 33, and 34. Upon motion to estab- 
lish said sub-district, two of the members voted in the affirmative and 
one in the negative; by this action the sub-distriot was considered as 
formed, and was so entered upon the record. On February 14, the 
board met pursuant to notice, for the purpose of reconsidering their 
action of January 24. Upon motion, that the action of the board in 
establishing said sub-district, be annulled three members voted in the 
affirmative, and one in the negative. From this action appeal was taken 
to the county superintendent who simply reversed the action of the 
board. I. F. Howell et al. appeal to the superintendent of public 
instruction. 

, Section 1738, School'Laws 1873, provides, that the boundaries of sub- 
districts shall not be changed, except by a vote of the majority of the 
board. Therefore, the sub-district in question, was not legally estab- 
lished by the action of the board of January 24; their subsequent 
action relative thereto may properly be considered as simply correcting 
the records of the meeting. Neither would the action of the county 
superintendent in reversing such action, have the effect to establish the 
sub-district. 

Since the action of the board was entirely proper under the circum- 
Btances in making such correction, the decision of the county super- 
intendent is hereby 

Revebsed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

June 4, 1874. 



E. Watson v. District Township of Exiba. 

Appeal from Audubon County. 

Pttnishment. The punishment of a pupil with undue severity, or with an 
improper instrument is unwarrantable, and may serve, in some degree, to in- 
dicate the animus of the teacher. 

Charges were preferred against E. Watson, a teacher in the schools 
of the district above named, for harsh and unreasonable punishment of 
a pupil ; upon investigation the teacher was discharged ; from this 
action of the board, he appealed to the county superintendent who 
reversed their action. The district appeals to the superintendent of 
public instruction. 



SCHOOL LAW DECISIONS. 



139 



Sanford Harwood v. Independent District of Charles City. 

From the evidence, it appears that the pupil, upon whom the punish- 
ment was inflicted, was a boy thirteen years of age, and that the 
ofiense was such that punishment was deserved. The instrument se- 
lected for inflicting punishment was a hickory stick, three-fourths of an 
inch in diameter at one end, and one-half inch at the other, and fifteen 
or eighteen inches long. The punishment was inflicted by striking 
upon the palm of the hand from eight to twelve strokes. It appears 
that the boy's hand was thereby disabled for some days. 

It is alleged by the teacher, that the punishment was inflicted for the 
good of the school, and that it was without malice on his part. We 
consider the selection of such an instrument for the punishment of a 
pupil injudicious, unwarrantable, and dangerous, and that consequences 
might be fraught with the gravest results, and that such selection may 
serve in some degree, to in'dicate the animus of the teacher. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

June 6, 1874. 



Sakfoed Harwood v. I]srDEPE:srDENT District of Charles City. 
Appeal from Floyd County. 

1. Punishment: Right to inflict upon pupils. The right of the parent to re- 
strain and coerce obedience in children applies equally to the teacher, or to 
any one who acts in loco parentis. 

2. Rules and Regulations. Boards of directors and their agents, the 
teachers, may establish reasonable rules for the government of tchools and 
the control of pupils. 



The teacher has the right to require a pupil'to answer 



questions which tend to elicit facts concerning hia conduct in school. 

4. . The pupil is answerable for acts which tend to produce 

merriment in the school or to degrade the teacher. 

5. . Open violation of the rules of the school cannot be 

shielded from investigation under the plea that it invades the rights of con- 
science. 

6. Board op Directobs. The board should be sustained in all legitimate 
and reasonable measures, to maintain order and discipline, to uphold the 
rightful authority of the teacher, and to prevent or suppress insubordination 
in the school. 



j^40 SCHOOL LAW DECISIONS. 



Sanford Harwood v. Independent District of Charles City. 

This case involves the right of a teacher to require a pnpil to an- 
swer questions concerning his conduct in school, or to testify against 
himself. 

Burritt Harwood, a member of the high school department, having 
broken certain rules of the school, was suspended by the superintend- 
ent for refusing to answer a question relating thereto. The pupil's 
father petitioned the board of directors to restore the pupil. The board 
having investigated the facts adopted the following: 

" Mesolved, That the school board sustain Prof. Shepard in his sus- 
pension of Burritt Harwood, i^rovided^ Burritt Harwood be reinstated 
if he answer the question, for the refusal to answer which, he was sus- 
pended, subject to such further action as may be taken by the princi- 
pal or school board for making and circulating the caricature." The 
president and four other members voting for, and one against the 
resolution. From this action of the board, S, Harwood appealed 
to the county superintendent who reversed their action. The board 
through their president appeal to the superintendent of public instruc- 
tion. 

The power of the parent to restrain and coerce obedience in children, 
cannot be doubted, and it has seldom or never been denied. This 
principle applies equally to the teacher or to any one who acts in loco 
parentis. Boards of directors and their agents, the teachers, may 
establish all reasonable and proper rules for the government of schools, 
and to control the conduct of pupils attending the same. "Any rule 
of the school not subversive of the rights of the children or parents, 
or in conflict with humanity and the pi-ecepts of divine law, which 
tends to advance the object of the law in establishing public schools, 
must be considered reasonable and proper," JBurdick v. Babcock^ 31 
Iowa, 562. 

The superintendent had occasion to leave the high school in charge 
of his assistant while he should attend to official duties elsewhere. 
On his return about 4 p. m,, the assistant reported that there had been 
much disorder on the part of some of the pupils, and that she had re- 
quired several of the pupils to remain and report their misdemeanors 
to the superintendent. Burritt Harwood being called upon, said, in 
substance, I have two misdemeanors to report : I threw snow into the 
lower hall during recess, and I passed a piece of paper across the aisle 
to my brother's desk. Both are recognized as violations of the rules 
of the school. The nature and magnitude of the first are readily 
discernible and need no further investigation ; not so of the second, 
much depends upon the character of the "piece of paper," whether 
simply blank paper, or containing writing, or other marks ; being asked 
to state the nature of the paper, he at first answered evasively. Being 
further questioned, he replied that it was "pictorial ;" that it was 
a "burlesque or cai-icature," that "it represented the school-house 
and some person or persons," that "the person or persons represented 
were connected with the school." The further question, "whom he had 
intended to burlesque," after some hesitation he declined to answer. 
For this act of disobedience he was suspended. 

The question which he refused to answer appears to differ in no es- 



SCHOOL LAW DECISIONS. 



Ul 



Sanford Harwood v. Independent District of Charles City. 

sential feature from those previously answered. By it, the teacher 
simply sought to discover an additional fact in connection with the 
case. If he had a right to ask the former he had the latter. If there 
is any reason why the pupil had the right or should claim the privilege 
of declining to answer the last, he should have stated it. Certainly no 
good reason appears from the nature of the offense, and the degree of 
punishment which it merited depended upon the information which the 
teacher sought to obtain by this and the previous question. If the pa- 
per contained simply the solution of a problem or something connected 
with his lesson, it merited one degree of punishment ; if its purpose 
was to create merriment among the pupils, thus diverting their atten- 
tion from their studies, it required another degree ; if by it the pupil 
sought to bring ridicule upon a teacher, to the prejudice of the good 
order and government of the school, still another; each would be a 
violation of rules, but not each equally punishable. The claim, of ap- 
pellee that it was an attempt to pry into the secrets of the heart, and 
was a violation of the right of conscience, is scarcely sustained by the 
facts. The question "whom did you intend to represent," is essentially 
equivalent to "whom did you represent." Its purpose evidently was 
not to find out the thought or intent, but the act of the pupil. The 
question was simply, what was the character of the picture drawn and 
circulated to the disturbance of the school. It does not appear how 
the rights of conscience would be violated in answering the question. 
It may be true that the picture itself if produced, would furnish the 
best evidence, but the teacher clearly had the right, in its absence, and 
knowing nothing of its nature beyond what the pupil had already re- 
vealed, to seek this information directly and immediately by proper 
questions. Nor can the pupil shield himself under the provision of 
the law that a prisoner at the bar cannot be compelled to answer ques- 
tions which will tend to render him criminally liable or expose him to 
public ignominy. He is, in no proper sense accused of crime before a 
court of law, authorized to sit in judgment under a criminal code. 

The picture, which was afterwards produced, reveals anything but a 
right spirit in the pupil. Probably no one who has seen it, doubts that 
it is a coarse caricature of the superintendent and his assistant. His 
refusal to answer was evidently not that he could not conscientiously 
do so, nor that it would tend to criminate himself, but was a deliberate 
act of insubordination. All the attendant circumstances, the evasive 
and studied replies to the superintendent's questions, the caricature 
itself, and its circulation through the school during the absence of the 
superintendent, together with a previous malicious caricature of the 
same nature, all reveal a disregard for the regulations of the school, 
the respectful conduct due from a pupil, and an animus toward the 
teacher anything but proper. 

In our opinion unnecessary stress was laid, in the trial before the su- 
perintendent, upon the technical ground of suspension by the superin- 
tendent. The board having had the whole subject under investigation, 
including statements of the offenses from both the superintendent and 
the pupil, sustained the superintendent, or in other words, suspended 
the pupil conditionally from the school, as they probably had a right to 
17 



14.2 SCHOOL LAW DECISIOIiS. 



K. D. Purdham v. District Township of Jackson. 

do for any one of the oifenses named. This being a discretionary act, 
due weight must be given to such action by an appellate tribunal, es- 
pecially should the board be sustained in all legitimate and reasonable 
measures to maintain order and dicipline, to uphold the rightful au- 
thority of the teacher, and to prevent or suppress insubordination in 
the school. 

Reversei>. 
ALONZO ABERNETHY, 
Su2)erintendent of Public Instruction, 
June 8, 18Y4, 



N. D. PuKDHAM v. District Township of Jacksoit. 

Appeal frotn Sac County. 

Appeal. Appeal will not lie from the neglect of the board to act on a pe- 
tition. 

A special meeting of the board of directors of the above named dis- 
trict, was held March 23, 18Y4, to consider a petition asking the re- 
moval of the school-house in sub-district number Three. The board 
decided not to move the school-house. On the 28th day of the same 
month another meeting of the board was held, and a petition was pre- 
sented by N. D. Purdham, again asking the removal of the school- 
house mentioned. From the secretary's transcript it appears that no 
official action was taken by the board relating to this petition; where- 
upon, N. D. Purdham appealed to the county superintendent, who en- 
tertained the appeal and ordered the removal of the school-house as 
requested by the petitioners; from this decision the district township 
appeals. 

The law provides: "Any person aggrieved by any decision or or- 
der of the district board of directors in matter of law, or of fact, may 
within thirty days after the rendition of such decision, or making of 
such order, appeal therefrom to the county superintendent of the proper 
county." 

If no official action is taken, regarding a petition presented to the 
board of directors, no appeal will lie, neither can the county super- 
intendent acquire jurisdiction of the subject matter of such petition 
upon the filing of an affidavit with him. As the want of action on the 
part of the board is decisive of this case, it is unnecessary to discuss 
other points raised. The decision of the county superintendent is re- 
versed and the case dismissed. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

July 1, 1874. 



SCHOOL LAW DECISIONS. 



143 



Jacob Weiss v. District Township of Wayne, 



Jacob Weiss v. District Township of Wayne. 
Appeal from Jones County. 

Discretionary Acts. In the determination of appeals, the weight which 
properly attaches to the discretionary actions of a tribunal vested with orig- 
inal jurisdiction, should not be overlooked. 

From action of the board in relocating a school-house site in sub- 
district number Seven of the above named district township, appeal was 
taken to the county superintendent, who reversed the action of the 
board. The president, on behalf of the district township appeals. 

The site selected by the board is about sixty-five rods north of the 
old one. The center of the sub-district is somewhat north of the new 
site. The population of the sub-district is nearly uniformly distribu- 
ted. Both sites are suitable for the erection of school buildings. 

It does not appear from the evidence that the site selected by the 
county superintendent would better accommodate the people of the 
sub-district than that selected by the board. In reversing the action of 
the board the county superintendent seems to have overlooked the 
weight which properly attaches to the action of a tribunal vested with 
original jurisdiction in the selection of school-house sites. Edxoards 
V. District Township of West Point. Markley v. District Town- 
ship of Ludlow. Prinyer v. District Township of Hardin. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Puhlic Instruction. 

September 29, 1874. 



T. J. Rook v. District Township of Liberty. 

Appeal from Clarke County. 

School-House Tax. All taxes voted by the district township meeting must 
be apportioned among the sub-districts. All taxes voted by the sub-district 
meeting which the district township neglects or refuses to grant, must be 
certified and levied upon the sub-district. The board have no option but to 
obey the requirements of the law. 

Under the provisions of section 1778, School Laws, 1874, the electors 
of sub-district number Six, of the above named district township, voted 



144 



SCHOOL LAW DECISIONS. 



Henry Brewer et al. v. District Township of Washington. 



to raise the sum of four hundred dollars for the erection of a school- 
house; the sum was properly certified to the district township meeting 
which refused to grant the request. The board of directors cei'tified 
the amount to the board of supervisors to be levied directly upon the 
sub-district making the request. From this action appeal was taken to 
the county superintendent, who affirmed the action of the board. T. 
J, Rook appeals. 

The errors alleged to have been committed are: 

1. That the township electors neglected or refused to grant the 
request of the electors of sub-district number Six. 

2. That the board refused to apportion the amount voted by the 
sub-district among the sub-districts of the township. 

It is wholly discretionary with the township electors whether such 
requests are granted or not; from their action no appeal can be taken. 
If they vote to grant such request, the amount must be apportioned by 
the board among the sub-districts of the township if they neglect or 
refuse to grant it, the amount must be certified , to the board of super- 
visors, to be levied directly upon the sub-district making the request. 
Section 1118 School Laws 1874. 

The board of directors have no option in such case; it is their duty 
simply to obey the requirements of the law. 

ArriBMED. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 
October 6, 1874. 



Hbnkt Brewer et al. v. District Township of Washington. 

Appeal from Van Buren County. 

Eehbaeing. The county superintendent maj', for sufficient cause, grant a 
rehearing. 

The action of the board in refusing to form a new sub-district, num- 
.ber Two, of the above named district township, was affirmed by the 
county superintendent. 

After the rendition of the decision, a motion and affidavit were filed 
by the appellants, asking that a new trial be granted, the affiants alleg- 
ing that the evidence was not properly taken down at the time of the 
trial; also, that new evidence had been discovered, materially affecting 
the question at issue. The motion was granted by the county superin- 
tendent. 



SCHOOL LAW DECISIONS. ^45 



John S. David v. Independent District of Burlington. 

At the subsequent tml the appellee filed a motion to dismiss the case 
upon the following grounds: 

"1. That no sufficient affidavit was filed in the first instance, and that 
the superintendent never acquired jurisdiction. 

2. The rehearing was granted without authority of law." 

This motion was overruled by the superintendent. The trial resulted 
as before, in the affirmance of the action of the board. Henry Brewer 
el al. appeal. 

At the trial before the superintendent of public instruction the ap- 
pellee filed a motion to dismiss the ease upon the ground: 

1. That the county superintendent had no jurisdiction to grant a 
a new trial. 

2. That if he had authority to grant a new trial, it could only be 
for sufficient cause, and that no such cause was shown. 

It is held that the county superintendent may, for sufficient cause, 
grant a new trial, and in so doing should be governed by the principles 
and rules pertaining to courts of law, so far as the same are applicable. 
Although some doubts may exist as to the sufficiency of the reasons 
assigned for granting a new trial in this case, and of the regularity of 
the proceedings, yet, since the second trial resulted as the first, and was 
without prejudice to the interests of the appellee, the discretion of the 
county superintendent will not be interfered with; the case is, therefore, 
properly before the superintendent of public instruction for a consid- 
eration of its merits. 

From a careful examination of the evidence, it is found that the in- 
justice complained of is not of such a character as to require any 
interference with the action of the board, or of the county superintend- 
ent. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

February 11, 1875. 



John S. David v. Indepenlbnt District of Burlingtok. 

Appeal from Des Moines County. 

1. School. Every person between the ages of five and twenty-one years 
has the rijrht to attend school in the district in which he resides, regardless of 
considerations relating to race, nationality, the holding of property, or the 
payment of taxes. 

2. . The payment of school taxes does not entitle non-residents 

to school privileges. 



146 SCHOOL LAW DECISIONS. 



John S. David v. Independent District of Burlington. 

The board have authority to determine when, and upon 



what terms, non-resident pupils may attend the schools of their district. 

This appeal is brought to compel the board of directors of the inde- 
pendent district of Burlington to admit into the public schools of said 
district appellant's children, without payment of tuition, on the ground 
that he is a large tax-payer in the district; the county superintendent 
having affirmed the action of the board in refusing to admit them. 

The appellant resides about a mile beyond the limits of the independ- 
ent district of Burlington, and near the school in his own district; but 
he claims that this school is not of suitable grade for his children. 

The law requires the board of directors to provide school facilities 
for all the children in their own district, and contemplates that they 
shall, in all cases, determine whether children who are not residents, 
shall be permitted to attend the schools thereof, and upon what terms. 
Section 1793. 

It is claimed by the appellant that his children are entitled to attend 
school in the independent district of Burlington without the payment 
of tuition, for the reason that he owns property in said independent dis- 
trict, and pays taxes thereon; and if the payment of taxes could ever 
entitle a person to such privileges, it doubtless would in this case, as 
he introduces the certificate of the county auditor to show that his 
school taxes for 1874 were $406.08. There is, however, no provision 
of law upon which to base such claim; nor would such provision well 
accord with the spirit of our laws relating to public schools. These 
laws are founded upon the broad principle that every person in the state 
between the ages of five and twenty-one years, is entitled to the privi- 
lege of attending the public schools. 

This principle is wholly unencumbered by any considerations re- 
lating to race, nationality, the holding of property, or the payment of 
taxes. 

To prevent confusion and the over-crowding of particular schools, it 
is necessary to point out what school each pupil has the right to at- 
tend. A more equitable rule could not have been devised, than that 
which prescribes that the pupil may attend school in the district in 
which he resides. The simplicity and equity of this rule are apparent. 
Every person has one place of residence, and no more; the place of 
residence is generally determined without difficulty, and is not usually 
abandoned for trivial causes. 

To intx'oduce any conditions into the laws dependent upon property 
considerations, would be to outrage the fundamental principles of our 
free school system. 

To further promote the convenience of the people, and to give elas- 
ticity to the rule, the board of directors may, when circumstances re- 
quire, permit non-resident pupils to attend the schools of their district. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

February 20, 1875. 



SCHOOL LAW DECISIONS. 247 

W. K. Jamison V. District To we ship of Pittsford. 

W. R. Jamisok v. District Towstship op Pittsford. 

Appeal froim JBtctler County. 

Sub-District. The area of a sub-district which contains less than fifteen 
pupils, cannot legally be reduced, even though by such reduction no pupils 
are transferred. 

The county superintendent reversed the action of the board, chang- 
ing sub-district boundaries so as to form two additional sub-districts. 
S. B. Dumont and A. L. Bickford appeal. 

Previous to the action of the board from which appeal was taken, 
the district township of Pittsford was divided into six sub-districts, in 
one of which, number Three, there resides but twelve persons of school 
age. Territory was taken from this sub-district in the formation of 
each of the two additional sub-districts which were designated number 
Seven and number Eight. Eight persons of school age reside upon the 
territory taken from number Three, in the formation of number Eight; 
but none upon the territory which was allotted to number Seven. 
Section 1725, School Laws, 1874, provides that "no sub-district shall be 
created for the accommodation of less than fifteen pupils. 

The creation of such sub-district by reducing one already formed, 
is, in our opinion, as fully prohibited by this provision as is the formation 
of a new sub-district containing less than fifteen pupils. If it is con- 
ceded that by a change of boundaries a sub district is not identical with 
the one which existed prior to such change, but is in some measure a 
new sub-district, it follows that the territory of any such sub district 
which existed previous to the taking efi'ect of this law, cannot be in- 
vaded, whether by such action, pupils are, or are not transferred to 
another sub-district. 

Other questions are raised, but as the one already considered is de- 
cisive of the case, any further discussion is unnecessary. 

The decision of the county superintendent is 

A:^ipMED. 
ALONZO ABERNETI^, 
Superintendent of Public Instruction. 

June 11, 1875. 



148 SCHOOL LAW DECISIONS. 

A. B. Reed et al. v. District Township of Union. 

A. B. Resd et al. v. District Township of Union'. 

Appeal f torn Mahaska County. 

1. Spb-Districts. Other things being equal both territory and school pop- 
ulation should be about equally divided among the sub-districts of a district 
township. 

2. . One sub-district should not ordinarily have an excess 

over the average sub-district of the district township both in territory and 
school population nor should it lack in both. 

The action of the board in changing sub-district boundaries, was 
affirmed by the county superintendent; from this decision A. B. Reed 
appeals. 

Previous to the action of the board, from which appeal was taken, 
sub-district number Seven comprised two sections of land, upon which 
reside about forty persons of school age. The board added three sec- 
tions from sub-district number Three, upon which reside some thirty 
pupils, leaving but three sections and about twenty-two pupils. 

It is claimed that by this increase of area in sub-district number 
Seven to five sections, and the consequent increase of pupils to seventy 
a portion of the latter are deprived of school privileges. This leads to 
a consideration of the proper basis and manner of dividing a district 
township into sub-districts. It would seem, other things being equal, 
that both territory and school population should be about equally di.- 
vided among the sub-districts of the district township. When the 
population is not uniformly distributed, which is generally the case, 
it would appear that no one sub-district should have an excess over 
the average sub-district, of the district township, both in territory and 
in school population; nor should any one sub-district lack both in ter- 
ritory and in school population, unless by reason of some controlling 
circamst»(»ce. The location of public roads, streams, or any other 
obstruction, should always be taken into consideration. In this case, 
area and school population are the only essential elements. The aver- 
age area of a sub-district in the township, is four and one-half sections. 

The school popula'ioQ, ac3ording to the last annual repot of the 
county superintendent, averages 57.5 to each sub-district. Hence, 
we find that sub-district number Seven lacked both in area and school 
population, and that its boundaries should have been enlarged; but we 
also find that the sub-district from which territory was taken, was re- 
duced below the average, both in school population and in area, while 
the sub-district thus enlarged, is in excess in both. 

We trust that the board will, as soon as practicable, remove these 
inequalities by a redivision of the entire district township into sub-dis- 
tricts. Questions as to the validity of the action of the board are also 



SCHOOL LAW DECISIONS. ;149 



J. W. Hubbard v. District Township of Lime Creek. 

raised, but we do not find that they have, in any manner, acted contrary 
to the requirements of law. 

ArriEMED. 
ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
June 21, 1875. 



J. W. Hubbard v. District Township of Lime Crebk. 



Appeal from Cerro Gordo County. 

1. Appeal. The execution of the vote of the electors by the board is man- 
datory ; from their action in so doing no appeal can be taken. If such action 
is tainted with fraud, an application to a court of law is the proper remedy. 

2. B'AED OF Directors. The board, though not bound by a vote of the 
electors directing the precise location of a school-house site, are required to 
so locate it as to accommodate the people for whom designed. 

3. . If, in the selection of a site, the board violate law or abuse 

their discretionary power, their action may be reversed on appeal. 

The electors of the district township voted a tax to build a school- 
house on what is known as the Simons road, near where it crosses 
the Central railroad. On a separate motion, the board were instructed 
to sell the school-house known as number Three. In accordance with 
the first mentioned action, the board located a school-house site on said 
road, fifty feet from said crossing. From this action appeal was taken; 
the appellant claiming it to be a relocation of the site known as num- 
ber Three; and that such action was with the express intention of selling 
the school-house and abandoning the site thereof. The county super- 
intendent reversed the action of the board. From this decision the 
district township appeals. 

The district township coincides with a congressional township, in 
boundaries and extent, and is comprised in one sub-district. It is 
claimed that the action of the district township meeting did not repre- 
sent the wishes of the people; that there are ninety-five voters in the 
district, and but twenty seven were present at such meeting; also, that 
in the location of the site, the board did not consult the convenience 
of the people. 

Section 1717, School Laws, 1874, provides, that the electors of the 
district, when legally assembled at the district township meeting, shall 
have power "To direct the sale, or other disposition to be made of any 
18 



I 50 SCHOOL LAW DECISIONS. 



B. D. Bacon et al. v. District Township of Liberty. 

school-house, or the site thereof, and of such other property, personal 
and real, as may belong to the district." 

Section 1723 provides that the board of directors "shall make all 
contracts, purchases, payments, and sales, necessary to carry out any 
vote of the district." 

Section 1724 provides that the board of directors " shall fix the site 
for each school-house, taking into consideration the geographical posi- 
tion and convenience of the people of each portion of the sub-district." 

The execution of the vote of the electors by the board is mandatory; 
from their action in so doing no appeal can be taken. In case such 
action is in any manner tainted with fraud, an application to a court of 
law is the proper remedy. 

The power to locate school-house sites, is vested, originally in the 
board of directors. Although the board have authority to locate school- 
house sites, yet money legally voted by the electors for a specific 
purpose, must be expended in accordance with such vote; if voted 
to erect a school-house, in a certain sub-district, it cannot legally be 
used to build a school-house in another; while any directions of the 
voters attempting to locate, precisely, a school house site, ai'e void, yet 
the board is bound to so locate it as to accommodate the people for 
whom designed; in the absence of such instructions, the board may 
exercise more widely their discretion in fixing school-house sites. 

If, in the performance of this duty, they violate law, act with mani- 
fest injustice, or in any manner show an abuse of discretionary power, 
their action may properly be reversed by the county superintendent. 

In this case we do not discover that the board have in any manner 
failed in the proper performance of their duty. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

July 7, 1875. 



B. D. BACoisr et al. v. District Township of Libektt, 
Appeal frotn Woodbury County. 

1. Evidence. The superintendent should afford full opportunity for the 
introduction of evidence ; and the examination of witnesses should be so 
conducted as to disclose all material facts. "What is shown by the plat need 
not also be presented orally. 

2. Board of Dxrectors. The action of the board cannot be reversed upon 
the allegations of appellant without proof, or by reason of failure of the board 
to make defense. 



SCHOOL LAW DECISIONS. I51 



B. D. Bacon et al. v. Districi Township of Liberty. 

3. . The acts of the board are presumed to be regular, legal, 

and. just; and should be affirmed on appeal unless proof is brought to show 
the contrary. 

The county superintendent sustained the board in locating the site 
for a new school-house, where the old one now stands. B. D. Bacon 
et al. appeal. 

The peculiarity of this case is, that at the trial before the county su- 
perintendent, no oral testimony was introduced by the appellant. 

It is the duty of the county superintendent to afford full opportunity 
to the appellant to present evidence; and it is desirable that the exam- 
ination of witnesses should be so conducted that every material fact 
connected with the case shall be disclosed.* But, the action of the 
board cannot be reversed upon the allegations of the appellant without 
proof; or by reason of failure of the board to be present and make de- 
fense. 

The acts of the board are presumed to be regular, legal, and just; 
and should be affirmed by the county superintendent upon appeal, un- 
less proof is brought to show the contrary. 

The plats furnished with transcript in this case are unusually minute; 
and it is possible that they were regarded as showing the material facts 
relating to the case. What is shown by the plat, need not be also pre- 
sented orally; but any additional facts may properly be so shown. 
From the plat and affidavits, it appears that the appellants desire the 
school-house site to be located about one-half mile south of the site on 
which the board resolved to erect a new house. The location of roads 
and dwellings in the sub-district would seem to indicate that the point 
selected by the board will quite as well subserve the convenience of 
the inhabitants as that desii-ed by the appellants. Under these circum- 
stances the discretionary power of the board can not, properly, be in- 
terfered with. Edwards v. District Township of West Point. 
Archer v. District Toionship of Warren. 

Affirmed. 
ALONZO ABERNETHY, 
/Svperintendent of Public Instruction. 

August 30, 1875. 



152 SCHOOL LAW DECISIONS. 

E. Gosting V. District Township of Lincoln. 

E. Gosting v. District Township or Lincolk. 

Appeal from Plymouth County. 

1. School- House Site: Location of. The action of a committee, appointed 
by the board to locate a site is of no force until oflfilcially adopted by the 
board while in session. 

2. . Sub-district boundaries cannot be ch'anjred, upon an ap- 
peal relating solely to the location of a site, nor can a site be located with the 
expectation that boundaries will be changed, unless such is shown to be the 
intention of the board. 

3. Appeal. The right of appeal, is confined to persons injuriously affected 
by the decision or order complained of Ordinarily a person living in one 
sub-district cannot properly appeal from an action of the board locating a 
site in another. 

• A committee appointed by the board of the above named district 
township to locate a school-house site for the accommodation of the 
residents of sub-districts numbers Seven and Nine, reported that they 
bad selected the north-west corner of section ten; and afterwards that 
they had chosen instead, a site about eighty rods east of the north- 
west corner of section eleven. There is no record showing that any 
action was taken by the board in relation to these reports. 

Sub-district number Nine consists of the east one half of congres- 
sional township number 90, range 45. 

E. Gosting, the appellant, resides in sub-district number Seven, 
which comprises the west one-half of the same congressional township. 
The decision of the county superintendent is as follows: "After consid- 
ering the evidence and the plat introduced, I sustain the committee in 
their first location at the north-west corner of section ten, of said town- 
ship." Fi-om this decision D. M. Relyea appeals. 

The power to locate school-house sites is vested in the board of 
directors. Section 1724, School Laws, 1874, The action of a commit- 
tee appointed by the board to locate a school-house site is of no force 
until their report is officially adopted by the board while in session. 

Section 1725 provides that the board of directors "shall determine 
where pupils may attend school; and for this purpose may divide their 
district into such sub-districts, as may by them be deemed necessary." 
The object of dividing a district township into sub-districts is to deter- 
mine where pupils shall attend school. While it is frequently the case 
that pupils may more conveniently attend school in an adjoining sub- 
district, it would obviously be improper to locate a school-house site ex- 
pressly for the accommodation of such pupils, unless with the intention 
of subsequently making a redivision of the district township. The 
county superintendent has jurisdiction only of the matter to which the 



SCHOOL LAW DECISIONS. 



153 



J. E. Brown y. District Township of Van Meter. 



appeal relates. He cannot properly upon an appeal relating to the 
location of a school-house site change sub-district boundaries; nor can 
he locate a school-house site with the expectation that such boundaries 
will ultimately be changed, unless such is shown to be the intention of 
the board. 

The right to appeal from actions of the board is confined to persons 
injuriously afi'ected by the decision or order of which complaint is 
made. Section 1829. Ordinarily, a person living in one sub-district 
cannot properly appeal from an action of the board locating a school- 
house site in another. 

The decision of the county superintendent is set aside; and the loca- 
tion of the school-house site is left to the discretion of the board of 
directors. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

September 7, 1875. 



J. E. Browk v. District Township of Van Meter. 

Appeal from Dallas County. 

1. Appeal. The adoption of a committee's report in favor of retaining the 
old school-house site, is an action from which appeal may be taken. 

2. Board of Directoes. The action of the board cannot be reversed upon 
the allegations of appellant without proof, or by reason of failure of the board 
to make defense. 

3. . The acts of the board are presumed to be regular, legal, and 

just, and should be affirmed on appeal, unless proof is brought to show the 
contrary. 

4. : Discretionary nets of. The weight which properly attaches 

to the discretionary actions of a tribunal vested with original jurisdiction, 
does not apply to the decisions of an inferior appellate tribunal. 

The county superintendent reversed the action of the board in se- 
lecting the old site in sub-district number Two, upon which to erect a 
new school-house; and located the site about eighty rods westward of 
the old one. 

From this decision the district township appeals, claiming in sub- 
stance that the county superintendent erred as follows: 

1. That there was no action of the board relative to the selection 



154 SCHOOL LAW DECISIONS. 



J. E. Rrown v. District Township of Van Meter. 

of a school-house site in sub-district number Two, from which an ap- 
peal would lie. 

2. That the board failed, by reason of a misunderstanding, to ap- 
pear and defend; and that tlaey were unjustly refused a rehearing. 

3. That the old site was suitable, convenient, and at the center of 
population, both present and prospective; and that the I'eversal of the 
action of the board was without sufficient cause; th^re being no evi- 
dence that they abused their discretionary power, or acted with injus- 
tice. 

From the transcript, it appears that a committee was appointed to 
select a site for the erection of a school-house in sub-district number 
Two; that they reported in favor of the old site, and that their report 
was adopted by the board. The law provides that an appeal may be 
taken, by any party aggrieved, from any order or decision of the board 
of directors. 

That there was an action of the board, and that the subject matter to 
which such action relates is the location of a school-house site in sub- 
district number Two, there can be no reasonable doubt; hence, the ac- 
tion of the board was subject to appeal, and such appeal gave to the 
county superintendent jurisdiction in the matter of the location of said 
school-house site. Gosling v. District Township of Lincoln. 

It is the duty of the county superintendent to give due notice to all 
parties directly interested in an appeal from the board of directors; and 
to afford full opportunity for the presentation of evidence. But the 
action of the board cannot properly be reversed upon the allegations of 
the appellant, without proof, or by reason of the failure of the board to 
be present and make defense. The acts of the board are presumed to 
be regular, legal, and just; and should be affirmed by the county super- 
intendent, unless proof is brought to show the contrary. Bacon et al. 
V. District Township of Liberty. In this case, however, the board 
appear to have had due notice, and ample opportunity to defend the 
case. It is not claimed that any additional evidence could be produced 
that would materially affect the issue; but that the board understand- 
ing through popular report that the case was withdrawn, failed to be 
present at the trial; and upon this ground ask for a rehearing, which 
was very properly refused. 

The site selected by the county superintendent is nearly central, 
being eighty rods west of that chosen by the board. Both appear to 
to be suitable. The eastern part of the sub-district is mostly prairie 
land; while the western portion is, to a considerable extent, timber 
land. 

The evidence as to which site will better subserve the interests and 
convenience of the residents of the sub district, is condicting. The 
board is entitled to the benefit of any doubt upon this point. Unless it 
is clearly proven that they have violated law, abused their discretionary 
power, or have acted with manifest injustice, their action should be 
affirmed. Edwards v. District Township of West Point. Whicker 
V. District Township of Chariton. 

It is urged by the appellee that the same weight attaches to actions 
of an inferior appellate tribunal, upon appeal, that is given to tribunals 



SCHOOL LAW DECISIONS. 



155 



J. C. Grover et al. v. District Township of Madison. 



having original jurisdiction. It is held that the action of the board of 
directors, in matters of which they have original jurisdiction, is alone 
entitled to this consideration by any superior tribunal upon appeal. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 
September 17, 1875. 



J. C. Grover et al. v. District Township of Madison. 

Ajyj^eal from ClarJce County. 

1. School-House Site. The requirement of law that "the site so taken 
must be on some public road," cannot be disregarded; and is general in its 
application. k 

2. . It cannot be inferred that to give eiTectiveness to the 

requirement that sites must be on a public road the board have authority to 
establish a highway for the purpose of reaching the most desirable site. 

The action of the board in locating a school-house site in sub-district 
number Two, of the above named district township, was reversed by 
the county superintendent, George Fivecoat appeals. 

The site selected by the board is at the center of the sub-district; 
but is not located upon a public road. The county superintendent 
held that every school-house site must be located upon a public high- 
way; and upon this basis, he reversed the action of the board. 

Section 1724, School Laws, 1874, provides, that the board " shall 
fix the site for each school-house, taking into consideration the geo- 
graphical position and convenience of the people of each portion of 
the sub-district." 

Section 1825 provides that, "It shall be lawful for any district 
township or independent district to take and hold, under the provisions 
contained in this chapter, so much real estate as may be necessary for 
the location and construction of a school-house, and convenient use of 
the school: provided., that the real estate so taken, otherwise than by 
the consent of the owner or owners, shall not exceed one acre." 

Section 1826 provides that, "The site so taken must be on some 
public highway, at least forty rods from any residence, the owner 
whereof objects to its being placed nearer, and not in any orchard, 
garden, or public park. But this section shall not apply to any incor- 
porated town." 



_[56 SCHOOL LAW DECISIONS. 



Geo. N. Shore v. District Township of Pleasant. 



To subserve the purpose for which a school-house is designed, it is 
evident that there must exist means of access to such house. Hence, 
it is believed that the clause "the site so taken must be on some public 
road;" cannot be disregarded ; and is general in its application. It 
may often occur that the most desirable site for a school house is not 
situated on a public road ; but it cannot be inferred that, to give effect- 
iveness lo the sections quoted, the board possess the authority to estab- 
lish a public highway for the purpose of reaching the most convenient 
site. Public highways are a public necessity ; and direct means are 
provided for their establishment. If there is no public road by the 
most desirable situation, steps may first be taken to secure its establish- 
ment. The school-house site may then be located so as best to sub- 
serve the convenience of the people. 

The decision of the county superintendent is 

Affirmed. 

ALONZO ABERNETHY, 

SuperinteJident of Public Instruction, 
November 6, 1875. 



Geo. N. Shoke v. District Tov^nship of Pleasant. 

Appeal from. Lucas County. 

Board op Directqvs. The board should be sustained when there is a reas- 
onable degree of doubt as to the propriety of interfering with their action. 

The action of the board in refusing to select a more central site in 
sub-district number Eight, and to remove the school-house thereon, was 
sustained by the county superintendent. Geo. N. Shore appeals. 

Sub-district number Eight of the above mentioned district township 
comprises sections 27, 28, 33, 34, of township 73, range 20. Cedar 
creek flows north-easterly through the sub-district, dividing it into two 
nearly equal parts. An east and west public road bisects the sub- 
district. The bridge across Cedar creek, upon this road, is within a 
few rods of the center. The east and west portions of the sub-district 
are about equally populated. Under these circumstances the school- 
house, evidently, should be located as near to the center of the sub- 
district as a suitable site can be found. The school-house, as now lo- 
cated, is one-half mile from the center. From the evidence, it appears, 
that, by reason of the ground being low and wet, there is no other site 
upon the north side of Cedar creek, and nearer to the center of the sub- 
district, as suitable as the one now occupied. Upon the south side of 
this stream, there is no desirable site within less than one-fourth mile 



SCHOOL LAW DECISIONS. ^57 



D. C. Randall et al. v. District Township of Lincoln. 

of the center of the sub-district ; and at this place, the surface of the 
ground is quite sloping, with precipitous bluffs near. By reason of 
these disadvantages, and of the expense which would be incurred by 
such removal, the inhabitants of the sub-district are not unanimously 
in favor of a change of location. The question of removing the school- 
house has frequently been before the board ; and usually a large ma- 
jority have opposed such change. 

In cases where there is a reasonable degree of doubt as to the pro- 
priety of interfei'ing with the action of the board they should be sus- 
tained. Edwards ti. District Township of West Point. Whicker 
V. District TotonsMj) of Chariton. Brown v. District Towoiship 
of Van Mtter. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

November 23, 1875. 



D. C. Randall et al. v. District Township of Lustcoln. 

Appeal from Cerro Gordo County. 

\. County Superintendent. The county superintendent may reconsider 
and modify a decision on proof that it does not conform to law. 

2. ScROOL-HousE Site, A site located by the county superintendent can- 
not be changed by the board', while the condition of the district remains 
without material change. 

The board of directors of the above named district township having 
located a school-house site in sub-district number Six, the county su- 
perintendent on appeal,rever sed their action May 4, 1875, selecting a 
site one-fourth of a milefarth er west: but upon information being re- 
ceived that said site was not upon a public highway, according to a 
recent decision of the circuit court, reconsidered the decision, and lo- 
cated the site May 24, 1875, at a point near the north-east corner of 
the north-west one-fourth of section 15, of said township. Upon this 
site a school-house was subsequently erected. , The board at their reg- 
ular meeting in September relocated the site, at the point previously 
selected at their April meeting. This action was again reversed by 
the county superintendent on appeal. J. R. Peny, on behalf of the 
board, appeals to the superintendent of public instruction. 

The points involved in this case are, first, the right of the county 
superintendent to re-open and review a case after the decision has been 
19 



158 SCHOOL LAW DECISIONS. 



J. C. Walton V. Independent District of Osage. 



announced, and secondly, the right of the board to change a site which 
has been selected by the county superintendent while the condition of 
the sub-district remains unchanged. 

The county superintendent upon evidence, that the site had not been 
fixed in accordance with the provisions of the law requiring school- 
house sites to be upon a public highway, had authority to recall the 
decision, and select another site. 

A school-house site located by the county superintendent on appeal 
cannot be legally changed by the board of directors, while the condi- 
tion of the sub-district remains without material change. 

The decision of the board of September 20, to attach certain terri- 
tory to the sub-district did not so change its condition as to authorize 
the relocation of the site at that meeting, since, by the provisions of 
section 1796, School Laws of 1874, such change does not take eflfect 
until the next sub-district election thereafter. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

February 10, 1876. 



J. C. Walton v. Independent District op Osage. 

Ajppeal from Cedar County. 

1, District Botjndaeies: Change of. The boundaries between adjoining 
independent districts may be charged, under the previsions of section 1809, 
by the concurrent action of the two boards of diiectors. 

2. . District boundaries should not be changed for slight causes, 

nor for the temporary convenience of individuals, especially where such 
change will distort boundary lines, or attach territory to a district to which it 
does not, from its geographical position, properly belong. 

.3. Jurisdiction. The superintendent's jurisdiction on appeal, is not 
greater than that of the board from whose action the appeal is taken. 

4. Appeal. Where changes are effected in district boundaries by the con- 
current action of two boards, appeal may be taken from the order of the board 
concurring or ijefusiiig to concur, but not from the order of the board taking 
action first. 

5. Appeal: President may, when. The fact that the appellant is president 
of the board is'evidence of his interest in a case injuriously aflFecting the dis- 
trict. 

The board of directors in the above named district, at their regular 



SCHOOL LAW DECISIONS. 



159 



J. C. Walton V. Independent District of Osage. 



meeting in September, 18Y5, refused to grant the petition of J. C. Wal- 
ton, to attach the north-east quarter of the northeast quarter of section 
22, township TO, range 5, being a part of said district, to the adjoining 
independent district of Sharon. The county superintendent upon ap- 
peal reversed the action of the board and ordered that the territory in 
question be transferred. 

Application having been made by the board for a new trial and re- 
fused, the president on behalf of the district, appeals to the superintend- 
ent of public instruction. 

Section 1809, SchoolLawsof 1874, provides that "when an independent 
district has been formed out of a civil township as herein contemplated, 
the remainder of such township, or of each of such townships, as the 
case may be, shall constitute a district township as contemplated in 
section seventeen hundred and thirteen of this chapter, and the bounda- 
ries between such district township and independent district may be 
changed or the independent district abandoned at any time, with the 
concurrence of their respective boards of directors." 

The provisions of this section relative to changing district bounda- 
ries, apply also to boundaries between adjoining independent districts. 
The change of district boundaries thus requires the concurrent action 
of two boards of directors, and differs in this respect essentially from 
the change of sub-district boundaries, which is effected by the action ot 
a single board. While the action of the board in the latter case is al- 
ways subject to revision by the county superintendent on appeal, the 
same is not necessarily true in the former case. If he could on appeal 
from such an action reverse it, and order the change to be made, as 
seems to have been done in this case, he could do on appeal more than 
the board from whose action appeal is taken could have done, a power 
with which he is not invested. Cases of this kind have occasionally 
arisen, and the law and the rules that should govern their determina- 
tion have heretofore been given. 

In the case Uobhins and Briggs v. District Totonship of /Salem, 
it is held that in cases where one board initiates a movement which is 
completed or not at the option of another, the county superintendent 
having only appellate jurisdiction cannot assume original jurisdiction 
and do what the board could not do from whose action the appeal was 
taken. In the case Dayton v. District Totonship of Cedar, it is held 
that where concurrent action is required to effect changes in district 
boundaries, appeal cannot be laken from the action of both boards nor 
from the order of the board that takes action first, but may be taken 
from the order of the board concurring or refusing to concur with the 
previous action of another board. This rule appears to answer the 
purpose of the law, and gives to any party who is really aggrieved an 
opportunity for redress. 

There is no evidence in the present case that any action had been 
taken by the board of directors of the independent district of Sharon, 
and in absence of such action the county superintendent had not juris- 
diction of the case. If however, he had jurisdiction, it is doubtful if 
the evidence sustained his decision. Mr. Walton resides but little 
more than one mile from the school-house in his own district and not far 



160 



SCHOOL LAW DECISIONS. 



D. R. Lang et al. v. District Township of Linn. 



from the same distance from the Sharon school-house. The fact that 
he owns a farm near the Sharon school-house and has a lame boy whom 
he can take to this school more conveniently than to the other, are con- 
siderations which should have weight in an application for permission 
to send to school in that district rather than in an application for the 
transfer of the territory in question. District boundaries should not 
be changed for slight causes, nor for the temporary convenience of in- 
dividuals, especially where such change will distort boundary lines, or 
attach territory to a district to which it does not from its geographical 
position properly belong. 

It is claimed by the appellee that the affidavit of appeal filed by the 
president of the board is defective since it does not aver that he has an 
interest in the decision, and is injuriously affected by it. His official 
position, however, is evidence of his interest in the case, and of his 
right to prosecute the appeal. 

Reveksed. 
ALONZO ABERNETHY, 
Superintendent of Puhlic Instfuction. 

February 22, 1876. 



D. R. Lakg et al. v. District Township of Likn. 

Appeal from Warren County. 

1. Appeal. Where changes are eflfected in district boundaries by the con- 
current action of two boards, appeal may be taken from the order of the board 
concurring or refusing to concur, but not from the order of the board taking 
action first. 

2. Notice. The appearance of a party at the hearing is a complete waiver 
of notice. 

3. DiSTRiOT Boundaries. In the determination of district and sub-district 
boundaries, temporary expenditures and individual convenience should be 
■subordinated to the more important considerations relating to simplicity of 
outline, compactness of shape, uniformity of size, and permanence of sites 
and boundaries. .^ 

Sections 1, and 12, of Linn township have been attached to Green- 
field township for school purposes, and with sections 5, 6, 7, and 8, 
thereof, constitute a sub-district in the district township of Greenfield, 
the school-house being in the south-west corner of section 5. 

The boards of directors of both Greenfield and Linn townships, at 
their regular meetings in September, 1874, adopted a motion to the 
effect that sections 1 and 12 be restored to Linn township, but at a sub- 



SCHOOL LAW DECISIONS. IQl 



D. R. Lang et al. v. District Township of Linn. 

sequent meeting, the Linn township board rescinded their action. 
Again, at the regular meetings in September, 1875, both boards took 
action, the Greenfield board adopting, and the Linn, rejecting, the 
motion for restoration. Appeal being taken from the decision of the 
Linn board, the county superintendent reversed their action, and H. M. 
Close, president of the board, appeals to the superintendent of public 
instruction. 

The allegations of the appellant, that the county superintendent had 
no jurisdiction, it being a case requiring the decision of two boards of 
directors, was not established, since the board of directors of Greenfield 
township had acted affirmatively upon the question of transfer. Day- 
ton V. District Township of Cedar. Walton v. Independent Dis- 
trict of Osage. 

It was alleged, that by reason of insufficiency of notice, interested 
parties were not present at the trial before the superintendent; but the 
appearance of the president of the board, was a complete waiver of 
notice. Jackson v. District Toionshijy of Poiohatcui. 

It would appear that the territory in question was legally restored to 
Linn township by the concurrent action of the two boards interested, 
in September, 1874, but, as the Linn township board, at a subsequent 
meeting, rescinded their action relating thereto, it continued under the 
jurisdiction of the Greenfield board, until transferred by the decision 
of the county superintendent. 

The affirmance of the decision of the superintendent will involve the 
district in some expense, and will be attended with some inconvenience 
to a portion of the residents of the territory affected thereby, which, by 
a reversal, might be postponed, but only postponed, since the element 
which has so persistently sought this territorial restoration, will douljt- 
less continue its efiorts until successful. It will, on the contrary, be in 
accord with the expressied wishes of the Greenfield board, and of a 
large minority of that of Linn. It will restore the boundaries to their 
normal condition; will render practicable, the formation of sub-districts 
of compact shape and uniform size; will tend to secure, at an early day, 
the permanent location of school-house sites and sub-district bounda- 
ries; and it is believed, will contribute to the harmony and best inter* 
ests of the district. 

Affirmed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

February 25, 1876. 



162 SCHOOL LAW DECISIONS. 



Otis E. AUifi V. District Township of Oak. 



Otis E. Allis v. Disteict Township of Oak. 



Appeal fro-tn Mills County. 

County Superintendent: Jurisdiction of . The county superintendent can- 
not transfer territory from one district to another for school purposes, under 
the provisions of section 1797, witlioutthe consent of both boards; nor can 
he on appeal assume jurisdiction of the action of either board. 

Sub-district imrnber Four, district township of Oak, consists of sec 
tions 3, 4, 5, 8, 9, 10, 15, 16, and 11; sections 5, 8, and 17 being contig 
uous to sections 6, 7, and 18 in the district township of St. Mary. 

The board of directors of St. Mary having in view the formation of 
a new sub-district, took steps, under the provisions of section 1797 of 
the Code, to attach sections 6, 7, and 18 to the district township of Oak. 
But the board of directors of the district township of Oak refused to 
concur. 

The petition which was presented to the board not only asked them 
to accept said sections 6, 7, and 18, but it prayed for the formation of a 
new sub-district to consist of said territory and sections 5, 8, and 17. 
An appeal was taken to the county superintendent, who dismissed the 
case for want of jurisdiction. Otis E. Allis appeals to the superintend- 
ent of public instruction. The only provision of law for the transfer of 
territory from one district township to another for school purposes, is 
that contained in section 1797 of the Code. 

"The county superintendent is authorized, under the provisions of this 
section, Avith the consent of the board of directors of such district as 
may be aifected thereby, to attach a portion of the territory of one 
district township to that of another for school purposes, in cases where, 
by reason of streams or other natural obstacles any portion of the 
inhabitants of such district township cannot, in his opinion with 
reasonable facility, enjoy the advantages of any school in their town- 
ship. 

Since both districts ar6 affected by such a transfer, the superintend- 
ent cannot legally act without the consent of both boards, nor can he 
on appeal, assume jurisdiction of the action of either board, as he has 
original jurisdiction in the transfer of such territory. 

The superintendent properly dismissed the case for want of juris- 
diction. 

Affirmed. 
ALONZO ABERNETHY, 
/Siqjeri?iiendent of Pahlic Instruction. 

April 5, 1876. 



SCHOOL LAW DECISIONS. 1(J3 

Joseph Hays v. District Township of Chester. 

Joseph Hays v. District Towkship of Chester. 

Appeal from PoweshieJc County. 

\ 

1, Appeal. Appeal may be taken from the action of the board in laying 
the subject matter of a petition on the table. 

2. Evidence. Sufficient latitude should be allowed in the introduction of 
testimony to permit a full presentation of the issues involved, even if irrele- 
vant testimony is occasionally admitted. 

Sub-district number One, district township of Chester, is composed 
of sections 1, 2, 11, 12, 13, and 14; and sub-district number Six of said 
district township is composed of sections 23, 24, 25, 26, 27, 34, 35, and 
36. 

A petition was presented to the board of directors praying^ that sec- 
tions 1, 2, 11, and 12 be made a sub-district. The board being in ses- 
sion a motion was made to form one sub-district to be composed of 
said sections 1, 2, 11, and 12, and another sub district to be composed of 
sections 13, 14, 23, and 24. This motion was lost, reconsidered, and 
again lost, when on motion, the whole subject was laid on the table. 

Upon appeal the county superintendent made an order for the for- 
mation of two sub-districts, as follows: subdistrict number One to 
consist of sections 1, 2, 11, and 12; sub-district number Six to consist 
of sections 13, W, 23, and 24. Winchester Stockwell, on behalf of the 
board appeals to the superintendent of public instruction. 

At the hearing before the county superintendent the appellee moved 
to dismiss the case for the reason that the secretary's transcript shows 
the subject matter complained of to be still pending before the board, 
and that no final decision or order had been made in relation to the 
case. 

From the transcript it appears that the board had twice refused by 
direct vote to form the sub-districts in question. The subsequent mo- 
tion to lay the whole matter on the table, was a convenient method of 
preventing further discussion. 

The motion was properly overruled. 

One of the errors assigned in the affidavit, is that the superintendent 
permitted the introduction of testimony pertaining to matters outside 
of those presented by the appeal. If this were true, which is not ap- 
parent from the record, it would not form a valid ground for reversal. 

Considerable latitude should be allowed in the introduction of testi- 
mony, to make a full presentation of the issues of the case, even if 
irrelevant testimony is occasionally admitted. 

Some of the residents upon the territory in question, have an unrea- 
sonable distance to send to school. The change made by the superin- 
tendent, establishes two sub-districts of uniform size and shape, and 



1C4 SCHOOL LAW DECISIONS. 



Mary M. Thompson v. District Township of Jasper. 



will probably permit the erection of school-houses on permanent sites, 
convenient of access for all; and, it is believed, will eventually prove 
to be for the best interests of the district. 

Affirmed. 
ALONZO ABERNETHY, 
• Superintendent of Public Instruction,, 

April 15, ISYG. 



MARr M. THOMPSO]sr v. District Township of Jasper. 

Appeal from Adams Cottnty. 

1. Teaohkr. When a teacher is dismissed, in violation of his contract, an 
action in the courts of law, ou the contract, will afford iiim a speedy and ad- 
equate remedy ; when discharged for incompetency, dereliction of duty, 
or iither cause afl'ecting his qualifications as a teacher, he has the right of 
appeal. 

2. . The teacher is entitled to t^e counsel and co-operation 

of the sub-director and board in all matters pertaining to the conduct and 
welfare of the school. 

' The board of directors discharged Miss Mary M. Thompson for der- 
eliction of duty a^ teacher in one of the public schooll of the district. 
She appealed to the county superintendent, who reversed their decis- 
ion; from this action, the board, through their president, John McDev- 
on, appealed to the superintendent of public instruction. 

At the hearing before the county superintendent, the board filed a 
motion to dismiss the case, for want of jurisdiction, insisting that the 
teacher, having been dismissed in accordance with the provisions of 
section 1734, (Jode, her proper remedy was an action at law for dam- 
ages. 

When a teacher is dismissed, in violation of his contract, an action 
in the courts of law, on the contract will afford him a speedy and ade- 
quate remedy; when discharged for incompetency, dereliction of duty, 
or other cause afiecting his qualifications as a teacher, he has the right 
of appeal to the county superintendent, who is the proper officer to re- 
view questions of this character, and to determine whether the board 
have in the exercise of their authority violated the law or abused their 
discretionary power. Questions concerning the validity, of contracts, 
the right to recover for services performed, and the interpretation of 
law belong especially to judicial tribunals. Questions concerning the 
character and qualifications of the teacher, and his management of the 
school, are by appeal within the jurisdiction of the county superintend- 
ent. 



FCHOOL LAW DECISIONS. 1Q^ 



M. M. Crookshank v. District Township of Maine. 

The motion to dismiss was properly ovei'ruled. 

The charges of dereliction were, want of promptness in commenc- 
ing school in the morning, and an occasional refusal to hear the reci- 
tation of one or more of her pupils. For this dereliction there appear 
to have been some extenuating circumstances. Under the contract it was 
the sub-director's duty to have the fires built. The boy employed to 
do this work, often failed to have the school-house in comfortable cou- 
dition at nine o'clock; the teacher usually made up lost time by teach- 
ing after four o'clock, and there is no evidence that the sub-director or 
board ever advised her with regard to the performance of her duties. 
The board convened at the school-house without previous notice to the 
teacher, and after taking the testimony of some of her pupils, unani- 
mously voted to discharge her. 

A TT'F'TT? ATTrn 

ALONZO ABERNETHY, 

Superintendent of Public Instruction. 
May 8, 1876. 



M. M. CROOKSHA.NK V. DISTRICT ToWNSHIP OP MaINE. 

Appeal from Linn County. 

1. Appeal; Wlien an adequate remedy. From the exercise of ordinary 
discretion in the performance of an official duty, enjoined by law upon the 
board, appeal may be taken to the county superintendent ; but from a refusal 
to act, or from an action thereon clearly designed to defeat the purpose of 
the law, an application to the courts of law to compel the performance of the 
enjoined duty will aff "rd the most speedy and in some cases the only ade- 
quate remedy. 

2. Independent Districts : Formation of. The opportunity to vote upon 
the question of forming independent districts from the sub-districts of a 
district township ceased July 4, 1876, by the taking effect of chapter 155, Laws 
of 1876. 

A petition purporting to be signed by one-third of the legal voters 
of the district township of Maine was presented to the board March 
20, 1876, asking that a meeting of the electors be called to vote upon 
the question of independent organizations. 

The board ordered that the meeting be held on the day for the next 
l^residential election. On appeal this action was reversed as not -being 
in compliance with the law, and designed to defeat the purpose for 
which it was intended, and the board was ordered to call the meeting 
in time to permit the formation of indepeodent districts if so deter- 
mined by vote of the electors, H. O. Bishop appeals to the superin- 
tendent of public instruction. 
20 



IQQ SCHOOL LAW DECISIONS. 



S. W. Woods et al. v. District Township of Brighton. 

The action of the board in deferring the vote to determine the ques- 
tion of independent district organizations until the November election, 
was evidently for the purpose of defeating the measure, since by the 
provisions of section 1804, Code, the organization of such independent 
districts shall be completed on or before the first day of August of the 
year in which said organization is attempted. 

From the exercise of ordinary discretion in the performance of an 
official duty enjoined by law upon the board appeal may be taken to 
the county superintendent; but from a refusal to act or from an action 
thereon clearly designed to defeat the purpose of the law, an applica- 
tion to the courts of law to compel the performance of the enjoined . 
duty will aiford the most speedy and in some cases the only adequate 
remedy. 

The examination of the issues involved in the case can be of no avail 
since the opportunity to vote upon the question of independent district 
organizations no longer exists, the law authorizing the formation of 
such districts having been repealed to take efiect July 4, 1876. Chap- 
ter 155, Laws of the Sixteenth General Assembly. 

The decision of the county superintendent is, therefore, reversed and 
the case dismissed. 

Reversed. 
ALONZO ABERNETHY, 
/Superintendent of Public Instruction. 

July 21, 1876. 



S. W. Woods et al. v. District Township op Brighton. 
Appeal fro'/n Cass County. 

1. Board op Directors. The acts of the board are presumed to be regu- 
lar, legal, and just ; and should be affirmed oa appeal unless proof is brought 
to show the contrary. 

2. ScHOOL-HousE Site, The prospective wants of a sub-district may prop- 
erly have weight in determining the selection of a site, when such selection 
becomes necessary ; but not in securing the removal of a school-house, con- 
veniently located for the present. 

3. . To make a distinction between the children of freehold- 



ers and those of tenants in determining the -proper location for a school-house, 
is contrary to the spirit and intent of our laws. 

The board of directors, by a vote of five to two, rejected a petition 
asking the removal of the school-house in sub-district number Eight. 
On appeal, the county superintendent reversed the action of the board, 



SCHOOL LAW DECISIONS. Ig7 



S. W. Woods et al. v. District Township of Brighton. 

and ordered the removal of the school-house to the place named in the 
petition. Wm. F. Altig appeals to the superintendent of public in- 
struction. 

Sub-disti"ict number Eight contains sections 27, 28, 33, 34, and sixty 
acres lying in section 32, and has a good, commodious school-house, 
erected three years ago, one-half mile west of the center, on a public 
road passing east and west through the center of the sub-district. 

There are about thirty children of school age in the sub-district, 
twenty-two of whom reside in the western half, and nineteen west of 
the present site. All those residing east of the present site, except one 
child, are within a mile and a half of the school-house, while by the 
proposed removal, a large number would be at a greater distance. 

The action of the board of directors in refusing to remove a school- 
house, should not be interfered with on appeal, except upon evidence 
of violation of law, or abuse of discretionary power. In this case there 
is no evidence of such abuse. 

The pjospective wants of a sub-district may properly have weight in 
determining the selection of a site upon which to build a school-house, 
when such a selection becomes necessary, but not in determining the 
removal of a house, located conveniently for the present wants of the 
sub-district. 

It appears that a considerable portion of the school population con- 
sists of the children of tenants, and much stress is laid upon the as- 
sumed distinction that should be made between the children of tenants, 
and those of freeholders, in determining the proper location of the 
school-house. Distinctions based upon the ownership of property, or 
permanence of residence, are not made in the law, would not well 
comport with the fundamental principles upon which our public school 
system is based, and should not have weight in determining the loca- 
tion of school-house sites. 

It is the duty of the board of directors to provide equal school facil- 
ities for all the youth of the district as far as practicable, regardless of 
considerations relating to permanence of residence. 

The school-house may properly be removed whenever the conditions 
of the sub-district require it, but unnecessary expense should not be 
incurred in such removal in anticipation of possible, or even probable 
changes of this character. 

Reversed. 
ALONZO ABERNETHY, 
Superintendent of Public Instruction. 

July 31, 1876. 



II^DEX TO APPEAL CASES. 



AFFIDAVIT— 

The affidavit may be amended when such action is not prejudi- 
cial to the rights of any party interested. 71 

An affidavit is a statement in writing, signed and made upon oath 
before an authorized magistrate 73 

May be amended in the discretion of the county superintendent... 114 
APPEAL— 

An appeal may be taken at any time within thirty days from the 
rendition of the order complained of. 19 

An appeal may be taken from an order of the board which is in 

effect the affirmance of a former action 26 

Waiver of right of. Where an agreement between the parties stipu- 
lates that the decision of the county superintendent shall be final, 
the case will not be beard by the superintendent of public in- 
struction on appeal 36 

An appeal will not lie from an order of a board of directors initia- 
ting a change in the boundaiies of the district township, where 
the concurrence of the board of an adjoining district township is 
necessary to effect the change 40 

The right of appeal is not limited to cases of personal grievance.. 69 

All unAvise or inexpedient action of the board, whether of law or 
of fact, when wiLhin their powers, must find its correction by an 
appeal to the county superindentent 75 

Where changes are affected in district boundaries by the concur- 
rent action of two boards, appeal may be taken from the order of 
the board concurring or refusing to concur, but not from the or- 
der of the board taking action first 109, 158, 160 

An appeal may be taken from the refusal of the county superin- 
tendent to investigate charges brought iigainst a teacher 129 

During the pendency of an appeal the board are estopped from- 
further action in the matter under complaint 135 

Appeal may be taken from an action of the board which authorizes 
the making of a contract, but not from a subsequent action or or- 
der complying with the terms of a contract previously made ; 
nor from an action authorizing the issuance of an order in pay- 
ment of a debt contracted by previous action of the board 136 



I'j'O INDEX. 

PAGE. 

APPEAL— Continued. 

A case whose sole purpose is to determine the validity of an order 
on the district treasury, or the equity of a claim, caunot be en- 
tertained on appeal to the county superintendent; the courts, of 
law, alone, can furnish an adequate remedy 136 

Appeal will not be entertained from the action of the board in re- 
scinding a previous illegal action 137 

Appeal will not lie from the neglect of the board to act on a peti- 
tion 142 

The execution of the vote of the electors by the board is manda- 
tory; from their action in so doing no appeal can be taken. If 
such action is tainted with fraud, an application to a court of law 
is the proper remedy 149 

The right of appeal, is confined to persons injuriously affected by 
the dec.sion or order complained of. Ordinarily a person living 
in one sub-district cannot properly appeal from an action of the 
board locating a site in another 152 

The adoption of a committee's report in favor of retaining the old 
school-house site, is an action from which appeal may betaken... 153 
President may, when. The fact that the appellant is president of the 
board is evidence of his interest in a case injuriously affecting 
the district 158 

Appeal may be taken from the action of the board in laying the 

subject matter of a petition on the table...: 163 

When an adequate remedy, i'rom the exercise of ordinary discretion 
in the performance of an official duty, enjoined by law upon the 
board, appeal may be taken to the county superintendent ; but 
from a refusal to act, or from an action thereon clearly designed 
to defeat the purpose of the law, an application to the courts of 
law to compel the performance of the enjoined duty will aff'ord 
the most speedy and in some cases the only adequate remedy 165 

BOAED OF DIRECTORS— 

The acts of a board are presumed to be regular, legal, and just, and 
should be affirmed on appeal, unless proof is brought to show the 
contrary 15, 17, 153, 166 

The board should be sustained upon appeal, unless they have vio- 
lated law, abused their discretionary power, or have acted with 

manifest in justice 16 

Duty of, to provide schools. It is the duty of the board to provide as far 
as practicable, reasonable school facilities for all the youth of the 
district by the formation of sub-districts, or otherwise. Children 
residing two and a half miles or more from school are not afforded 
reasonable school facilities .-. 121 



TO SCHOOL LAW DECISIONS. 17 1 

BOARD OF DIRECTORS— Continued. ^^^^' 

The board of directors cannot legally transact oflBcial business out- 
side the Hmits of the district, nor would the action of a board at a 
meeting in which the members of another board participated be 
legal or valid 131 

The board should be sustained in all legitimate and reasonable 
measures, to maintain order and discipline, to uphold the right- 
ful authority of the teacher, and to prevent or suppress insubor- 
dination in the school.. 139 

The board, though not bound by a vote of the electors directing the 
precise location of a school-house site, are required to so locate it 
as to accommodate the people for w^hom designed 119 

If, in the selection of a site, the board violate law or abuse their dis- 
cretionary power, their action may be reversed on appeal 149 

The action of the board cannot be reversed upon the allegations of 
appellant without proof, or by reason of failure of the board to 

make defense 150, 153 

Discretionary acts of. The weight which properly attaches to the dis- 
cretionary acts of a tribunal vested with original jurisdiction, 
does not apply to the decisions of an inferior appellate tribunal.. 153 

The board should be sustained when there is a reasonable degree 
of doubt as to the propriety of interfering with their action 156 

CLAIMS— 

Just claims against the district can be enforced only in the courts of 

law 117 

CONTESTED ELECTION— 

Sub-Director. The right to hold and exercise the office of sub-director, 
in case of contest, must be determined by the district court. 
Sees. 3345—3352, Code .,. 56, 92 

The county superintendent has not jurisdiction of cases involving.. 56 
Jurisdiction. The proper method of determining a contested election 

for school director is by an action brought in the district court... 87 
CONTRACTS - 

Contracts for the erection of school-houses, made by a sub-director 
or committee, require the approval of the board 117 

The terms of a contract may be changed by agreement of the con- 
tracting parties. If either party seeks to evade or change its 
terms, without the consent and to the prejudice of the other, the 
remedy is a suit at law 123 

The district township is bound by the contract of the sub-director, 
when made according to instructions of the board 133 

If a sub-director enter into a contract on behalf of the district, 
without authority of the board, he does so at his own risk ; such 
contract is not binding upon the district unless approved by the 
board 133 



172 



INDEX. 



\ PAGE. 

COUNTY SOPERTNTENDENT— 

Jurisdiction of. The county superintendent is not limited to a reversal 
or affirmance of the action of the board, but he determines the 
matter brought upon appeal, which was determined by the 

board 47 

May upon appeal create sub-district 71 

Has no jurisdiction of an appeal until an affidavit is filed 73 

Should not reverse an action of the board of directors which is in 
accordance with instructioils of the superintendent of public in- 
struction 77 

At the hearing of an appeal before the county superintendent, it is 
competent for him, upon his own motion, to call additional wit- 
nesses to give testimony 83 

The county superintendent may reconsider and modify a decision 

on proof that it does not conform to law 157 

Jurisdiction of. The county superintendent cannot transfer territory 
from one district to another for school purposes, under the pro- 
visions of section 1797, without the consent of both boards , nor 
can he on appeal assume jurisdiction of the action of either 
board 161 

DISCRETIONARY ACTS— 

The county superintendent having only appellate jurisdiction, 
should not reverse discretionary acts of the board, without ex- 
plicit and clearly stated proof of the abuse of such discretion, 
even though not fully approving their action 69 

Discretionary acts may be reversed on appeal, but should not be 
disturbed except upon evidence of unjust exercise or abuse 73 

In the determination of appeals, the weight which properly attach- 
es to the discretionary actions of a tribunal vested with original 

jurisdiction, should not be overlooked 143 

DISTRICT BOUNDARIES— H 

Conform to civil. When civil township boundaries are changed, cor- 
responding changes follow in the boundaries of the district town- 
ships affected thereby. No action of either board is necessary 

to affect such change 134 

Change of. The boundaries between adjoining independent districts 
may be changed, under the provisions of section 1809, by the 
concurrent action of the two boards of directors 158 

District boundaries should not be changed for slight causes, nor for 
temporary conveni'ence of individuals, especially where such 
change will distort boundary lines, or attach territory to a dis- 
trict to which it does not, from its geographical position, properly 
belong :..........'. 158 



TO SCHOOL LAW DECISIONS. 17 3 

PAGE. 

DISTRICT BOUNDARIES— Continued. 

In the determination of district and sub-district boundaries, tem- 
porary expenditures and individual convenience should be sub- 
ordinated to the more importaint considerations relating to sim- 
plicity of outline, compactness of shape, uniformity of size, and 

permanence of sites and boundaries 160 

DISTRICT TOWNSHIP— 

Should not ordinarily contain more than nine sub-districts 77 

ELECTION— 

Evidence of. The certificate of the officers of the annual sub-dis- 
trict meeting is the legal evidence of election as sub-director, 
and as a general rule the board are justified in declining to rec- 
ognize a person as a member of the board until he produces such 

certificate 87 

EVIDENCE - 

Parol. Cannot be received in the absence of allegations of fraud, 
to contradict or impeach the validity of school district records... 83 

Where the law requires the evidence of a transaction to be in writ- 
ing, oral evidence can be substituted for it only when the writ- 
ing cannot be produced 87 

Oral, Not admissible when written is obtainable- ]0I 

The superintendent should afford full opportunity for the introduc- 
tion of evidence; and the examination of witnesses should be 
so conducted as to disclose all material facts. What is shown by 
the plat need not also be presented orally 150 

Sufficient latitude should be allowed in the introduction of testi- 
mony to permit a full presentation of the issues involved, even 
if irrelevant testimony is occasionally admitted 163 

FUND— 

Teachers'. Electors at the district township meeting cannot legally 
vote to make each sub-district independent in reference to teach- 
ers' fund 54 

INDEPENDENT DISTRICT— 

Cannot be formed from a portion of an incorporated town which 

contains less than three hundred inhabitants 94 

Formation of. The opportunity to vote upon the question of forming 
independent districts from the sub-districts of a district town- 
ship ceased July 4, 1876, by the taking effect of chapter 155, Laws 
of 1876 *. 165 



21 



]_74 INDEX 

PACfE, 

JURISDICTION— 

The affidavit must show that the aflSant is a citizen injuriously af- 
fected by the action of the board, giving sufficient data to estab- 
lish his claim to a hearing 3S 

Affidavit need not show special personal grievance ...,, 33 

The superintendent's jurisdiction on appeal is not greater than that 
of the board from whose action the appeal is taken 40, lo& 

The decisions of the county superintendent ase reviewed upon evi- 
dence submitted at the time of the trial before the county super- 
intendent .' 44 

TJnfinished business may legally be completed at an adjourned 
meeting 49 

The county superintendent can do upon appeal only v/hat the board 
originally had power to do 63 

After the expiration of thirty days the county superintendent can 
acquire no jurisdiction in appeal cases 75 

An application for ai\ appeal filed within thirty days from the act 
of the board complained of, v/ill not give the county superintend- 
ent jurisdiction of the case. The appeal must be taken by affi- 
davit 89> 

The county superintendent has not jurisdiction of cases involving 
a money demand 96^ 

A meeting of the board which is an adjourned one from the regu- 
lar meeting in September, may change sub-district boundaries if 
the proposition to make such change was presented at the reg- 
ular meeting 106- 

The county superintendent has not jurisdiction of cases involving 
the validity of district organizations or the legality of school elec- 
tions 124 

LIABILITY OF DISTRICT BOARD— 

Where a board of directors refuse to draw an order on th© treas- 
urer for the amount of a judgment obtained against the district, 
and therefore a judgment is obtained against the individuals 
composing the board, the claim against the district has expired, 
and the board has then no power to draw such order 20 

The board of directors have no poVer to levy a tax for the benefit of 
the school-house fund, unless authorized so to do by a vote of the 
electors >. 20> 

MOTION— 

When a motion to dismiss is overruled, the superintendent should 
proceed to try the case upon its merits 19 

A motion to dismiss the case should not b* granted on the ground 
that the affidavit was not filed with the county superintendent in 
person, that the affidavit could not be produced at trial, or that 
the notice is insufficient or irregular „ lOS 



TO SCHOOL LAW DECISIONS. 175 



MOTION— Continued. 

The county superintendent cannot entertain a motion for change 
of venae 131 

NOTICE— 

Business transacted at a sub-district meeting convened at the usual 
time and place is not rendered illegal by the absence of the re- 
quired written notice 42 

The county superintendent should not issue notice of final hearing ' 
until both the affidavit and transcript of the district secretary 
have been filed in his office 73 

The want of notice is waived by the voluntary appearance of the 
party for any purpose connected with the cause •, 90 

The appearance of a party at the hearing is a complete waiver of 
notice 103, 135, 160 

PEOCEEDINGS— 

Regularity of, presumed. When the district township records show, 
chat for a number of consecutive years, the children of certain 
congressional divisions of land, have been enumerated, and have 
attended school in a certain district township, and no objections 
have been raised, it will be presumed that the territory is regu- 
larly attached to, and forms a part of, said district township 23 

In the absence of proof to the contrary, the legal presumption is 
that the proceedings before the county superintendent were en- 
tirely regular 65 

PUNISHMENT— 

The punishment of a pupil with undue severity, or with an im- 
proper instrument is unwarrantable, and may serve, in some de- 
gree, to indicate the animus of the teacher 138 

Rigbi to inflict upon pupils. The right of the parent to restrain and 
coerce obedience in children applies equally to the teacher, or 
to any one who acts in loco parentis 139 

RECORDS - 

Defective, May be amended 34 

Irregularity or defect in. An irregularity or defect in the records of 
the board, which does not injuriously affect the interests of any, 
and is not of itself a violation of law, will not render invalid 

their official actions in relation thereto 42 

The board of directors may at any time amend the record of the 
district, when necessary to correct mistakes or supply omissions. 
And may, upon proper showing, be compelled, by mandamus, to 
make such corrections 83 



l^Q INDEX 

PAGE. 

EEHEARING— 

The county superintendent may, for sufficient cause, grant a re- 
hearing 144 

EULES AND REGULATIONS— 

The power to prescribe rules and regulations for the government 
of the board, is not a function of the electors. A rule adopted by 
the board, and not a provision of law, may be modified at the op- 
tion of the board 133 

Boards of directors and their agents, the teachers, may establish 
reasonable rules for the government of schools and the control 
of pupils 139 

The teacher has the right to require a pupil to answer questions 
which tend to elicit facts concerning his conduct in school..., 139 

The pupil is answerable for acts which tend to produce merriment 
in the school or to degrade the teacher 139 

Open violation of the rules of the school cannot be shielded from 
investigation under the plea that it invades the rights of con- 
science ." 139 

residence- 
Is not acquired by temporary removal to a place for the purpose of 
attending school 95 

The word residence should be construed to mean dwelling, or dom- 
icile, only, in determining the distance between said residence 

and the school-house site 116 

REVOCATION OF TEACHER'S CERTIFICATE— 

The order of a county superintendent revoking a certificate will 
not be interfered with on appeal, unless it appears that he acted 
from passion or prejudice 59 

Opinions unsupported by facts, cannot be received as satisfactory 
evidence of prejudice 59 

A teacher's certificate can be legally revoked only on proof of charg- 
es of which he has had personal notice, and against which he has 
had the opportunity to make his defense 128 

A person addicted to the use of intoxicating liquors who even occa- 
sionally becomes intoxicated is not likely to promote correct 
moral teaching in the public schools by his example, nor to pos- 
sess such moral character as to entitle him to a teacher's certifi- 
cate 128 

The county superintendent may refuse to entertain a petition for 
the revocation of a teacher's certificate 129 

SCHOOLS— 

The law contemplates that equal educational facilities shall, as far 
as practicable, be provided for all the youth of the district, and 
that any pupil shall have the opportunity to attend school for at 
leastsix months in each year , 132 



TO SCHOOL LAW DECISIONS. 177 

PAGE. 

SCHOOLS— Continued. 

The board may maintain schools in different localities in a sub-dis- 
trict for the accommodation of the pupils thereof, provided they 

are kept open for an equal length of time 132 

Every person between the ages of five and twenty-one years has 
the right to attend school in the district in which he resides, re- 
gardless of considerations relating to race, nationality, the hold- 
ing of property, or the payriaent of taxes , 145 

The payment of school taxes does not entitle non-residents to 

school privileges 145 

The board have authority to determine when, and upon what 
terms, non-resident pupils may attend the schools of their district 145 
SCHOOL FUNDS— 

Disbursement of. The treasurer is the proper custodian of all funds 
belonging to the district, and can legally pay them out only upon 
orders specifying the fund on which they are drawn and the 
specific use to which they are applied. The board cannot author- 
ize the sub-director to use the public funds for any purpose 117 

SCHOOL-HOUSE— 

Power of the hoard to build. If in their judgment the wants of a sub- 
district require, the board are empowered to erect a school- 
house without action on the part of the electors of the sub- 
district 37 

Removal of. A vote of the electors of a sub-district to remove a 
school-house, will not compel the board to act affirmatively in 

relation thereto 89 

Removal of. The board of directors can legally remove a school- 
house from one sub-district to another only by vote of the elect- 
ors 130 

When the electors have voted to remove a school-house from one 
sub-district to another the board must execute such vote, if in ♦ 
accordance with law ; from their action in so doing no appeal 

can be taken ..... 130 

SCHOOL-HOUSE SITE— 

Location of. The county superintendent, on appeal, may fix the site 

for a school-house 39 

Location of. In fixing the school-house site, the geographical posi- 
tion, and the convenience of the people of each portion of the 

sub-district should be considered 50, 53, 67 

While the probabilities of the future should not be ignored, the 
necessities of the present must be observed in locating school-house 

sites 62 

Should be on a public road, and so located as to be convenient and 
accessible 93 



178 INDEX 

PAGE. 

SCHOOL-HOUSE SITE- Continued. 

It is important that a school -house site be located on a public road, 

and as nearly as practicable at the center of the district 99, 101 

Location of. A discretionary act, and should be sustained on appeal 

■ unless manifestly unjust 101 

The power to fix, carries with it the power to change the site of a 

school-house by the district board..... 112 

Located off a public road. On appeal, the county superintendent has 
authority to affirm the action of the board in locating a school- 
house site off a public road if a road has meanwhile been legally 

established past said site 118 

Power of the board to build. The law requiring that all school -house 
sites be selected on a public road, does not affect the legality of 
sites located prior to its passage, nor the right of the board to re- 
build thereon 120 

Location of. The action of a committee, appointed by the board to 
locate a site is of no force until officially adopted by the board 
while in session 152 

Sub-district boundaries cannot be changed, upon an appeal relating 
solely to the location of a site, nor can a site be located with the 
expectation that boundaries will be changed, unless such is 
shown to be the intention of the board 152 

The requirement of law that "the site so taken must be on some 
public road," cannot be disregarded ; and is general in its appli- 
cation 155 

It cannot be inferred that to give effectiveness to the requirement 
that sites must be on a public road, the board have authority to 
establish a highway for the purpose of reaching the most desira- 
ble site ; 155 

A site located by the county superintendent cannot be changed by 
the board, while the condition of the district remains without 
material change 157 

The prospective wants of a sub-district may properly have weight 
in determining the selection of a site, when such selection be- 
comes necessary ; but not in securing the removal of a school- 
house, conveniently located for the present 166 

To make a distinction between the children of freeholders and 
those of tenants in determining the proper location for a school- 
house, is contrary to the spirit and intent of our laws 166 

SCHOOL HOUSE TAX— 

In levying tax for school-house purposes the board may make such 
apportionment as justice may require, provided the rate does not 
exceed ten mills on the dollar.. , 13 



TO SCHOOL LAW DECISIONS. 179 

PAGS.- 

SCHOOL-HOUSE TAX— Continued. 

When theelectors of a sub-district have determined and certified 
a sum of money to the district township meeting for the purpose 
of erecting a school-house, the maximum rate should be levied 
from year to year until the whole amount is raised 35 

Where it has been the uniform custom to apportion the school- 
house tax among the several sub-districts, the board are not gov- 
erned by a vote of the electors instructing them to levy the tax 

directly upon the property of a sub-district. 41 

Certification of, to ditlrict township meeting. The presentation of the sub- 
district records, in which is embodied the certificate of the sum 
determined; and the notification of the secretary and president 
thereof, is one wMch meets every legal requirement 54 

When by successive apportionments, the rate of school-house tax 
throughout the sub-districts of the township has been rendered 
uniform, a uniform rate should be maintained 96 

All taxes voted by the district township meeting must be appor- 
tioned among the sub-districts. All taxes voted by the sub- 
district meeting which the district township neglects or refuses ■ 
to grant, must be certified and levied upon the sub-district. The 

board have no option but to obey the requirements of the law 143 

SCHOOL ORDERS— 

When improperly issued by the board of directors, the proper 
remedy is an injunction from the civil courts 96 

No case will be heard on appeal for the sole purpose of determining 

the validity of an order on the district treasury,... 127 

SETTLEMENT— 

After an independent district has been erected within a district 
township and the respective boards of directors have paid the 
debts owing by the district prior to the separation, and divided 
the funds on hand, a new board of one of these organizations 

cannot appeal..... ..•• «.. • ^9 

SUB-DIRECTOR— 

A gub<lirector co-ntinues in office until his successor is elected and 
qualified. Sec. 784 Code • 13 

Failure to qualify anew does not create a vacancy 13 

Sub-directors are not entitled to compensation for official services.. 13 
Not to he appointed in neiu sub-distnds. When new sub-districts are es- 
tablished the appointment of sub-directors in the sub-districts 
so created is illegal ^ as such change does not take effect until the 

next sub-district election thereafter...... 51 

SUB-DISTRICTS— 

A sub-district is not entitled to draw money from the district treas- 
ury in lieu of the full term of school required by law 15 



180 



INDEX 



SUB-DISTRICTS— CoNTiNTTED. 

It is better to have large sub-districts with good school-houses well 
furnished, than small sub-districts with small and poorly fur- 
nished school-houses.. 29 

Can be formed of parts of different townships only by reason of 

natural obstacles 46 

Change of boundaries. The boundaries of sub-districts shall be 
changed, or new districts formed, only between the regular meet- 
ing of the board in September, and the sub-district election held 

in the March, following 63 

Formation of. While the law contemplates that all the youth of the 
state shall enjoy facilities for education as nearly equal as prac- 
ticable, yet in the formation of sub-districts care should be taken 
that they are not made so small geographically, and weak finan- 
cially, as to be unable to maintain good schools 68 

Size of. There are serious objections to the formation of small sub- 
districts ,,- 77 

The practice of cutting district townships into numerous sub-dis- 
tricts of small size, is detrimental to the educational progress of 

the state, and will not be sustained on appeal 90 

Comjyosed of parts of tivo toumshivs. Upon the written application of 
two-thirds of the electors residing upon the territory within the 
township in which the school-house is not situated, boards of 
directors must divide the sub-district 97 

Should be, if possible, compact and regular in form ; and in well 
populated district townships, j^two miles square ia considered a 
desirable area for each sub-district 69 

The division of a large and populous district township into hut 
four sub-districts, is not such a division, as justice and the. inter- 
ests of the people require 100 

When it becomes necessary to reduce a sub-district in extent, the 
township should be re-districted, unless sub-districts can be 
formed by division, of compact shape, and sufficiently large to 
sustain good schools 104 

Four sections of land is considered the minimum area that a sub- 
district should contain ; 106 

Erection of, from adjoining district townships. The county superintend- 
ent will be sustained on appeal in erecting territory into a sub- 
district in an adjoining district township, under the provisions of 
section 25, School Laws, if such territory is attached to the adjoin- 
ing district township by reason of natural obstacles.. Ill 

When a sub-district composed of four sections of land has built its 
own school-house, it should not be consolidated with another as 
a temporary expedient to avoid the expense of maintaining a 
school • 114 



TO SCHOOL LAW DECISIONS. Ig]^ 

PAGE. 

SUB-DISTRICTS— Continued. 

The formation of small or irregularly shaped sub-districts should 
be avoided 114 

The county superintendent is justified in establishing sub-districts, 
on ai^peal from the refusal of the board, where warranted by the 
number and location of children and the amount of territory to 
be provided for 121 

The area of a sub-district which contains less than fifteen pupils, 
cannot legally be reduced, even though by such reduction no pu- 
pils are transferred , 147 

Other things being equal both territory and school population 
should be about equally divided among the sub-districts of a dis- 
trict township ,. 148 

One sub-district should not ordinarily have an excess over the av- 
erage sub-district of the district towmship both in territory and 

school population nor should it lack in both..... 148 

SUB-DISTEICT BOUNDAEIES— 

A sub-district which, prior to the passage of the act of March 12, 
1858, was composed of parts of two or more civil townships, can- 
not be dissolved by the action of one of the boards of directors 

interested 21 

Change of. Sub-district boundaries may be changed only at the regu- 
lar meeting of the board of directors in September, or at a special 
meeting called thereafter for that purpose, before the following 

sub-district election 25, 26 

Change of. In changing sub-district boundaries, both the present and 

the future welfare of the district should be considered 29 

Change of. The county superintendent may, on appeal, re-district. 
A refusal by the board to act upon a petition to re-district is an 

act from which an appeal will lie 45 

Change of. The acts of a board of directors changing sub -district 
boundaries and locating school-houses are so far discretionary 
that they should be affirmed on appeal, unless it is shown that 
there has been an abuse of discretion 69 

The action of the board in forming new sub-districts will be sus- 
tained on appeal, unless it is made to appear that their action 
was illegal, or that manifest injustice will result therefrom. The 
refusal of the board to form a new sub-district from parts of four 
sub-districts which comprise four sections of land each, arranged 
in compact form, each sub-district having a school-house cen- 
trally located, is not such an act of injustice or such an abuse 
of discretion as to justify the interference of the superintendent. 80 

It requires an affirmative vote of a majority of all the members of 

' the board to efiect a change in sub-district boundaries 98, 137 

22 



182 INDEX 



TEACHERS— 

Right of, to inflict punishment uiion their pupils. A school-master who 
stands in loco parentis may, in proper cases, inflict moderate and 
reasonable chastisement. The law confides to teachers a discre- 
tionary power in the infliction of punishment upon their pupils, 
and will not hold them responsible criminally, unless the pun- 
ishment be such as to occasion permanent injury to the child, or 
be inflicted merely to gratify their own evil passions 30 

When a teacher is dism.issed, in violation of his contract, an action 
in the courts of law, on the contract, will afi'ord him a speedy and 
adequate remedy ; when discharged for incompetency, derelic- 
tion of duty, or other cause affecting his qualifications as a teach- 
er, he has the right of appeal 164 

The teacher is entitled to the counsel and co-operation of the sub- 
director and board in all matters pertaining to the conduct and 
welfare of the school ..„.o 164 






